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(영문) 서울중앙지방법원 2016.10.12 2016나43000
신용카드이용대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

In full view of the purport of each statement in Gap evidence Nos. 1 through 4, the defendant obtained a credit card (B) from the plaintiff and used the credit card as a whole; according to Article 15 of the Beneficiary Card Agreement, the defendant's consent, the member bears all fees and interest incidental to the credit card use price; and if the payment is not made on the date of settlement, the plaintiff bears damages for delay according to the interest rate set by the plaintiff. The current overdue interest rate is 29% per annum; as of September 9, 2015, the defendant's principal and interest on the credit card use price was 13,291,60 won per annum; 26,314 won per annum 26,351 + interest 36,351 won per annum. Thus, the defendant is liable to pay damages for delay to the plaintiff at the rate of 13,291,605 won per annum and 13,228,940 won per annum from September 29, 2015 to the date of settlement.

As to this, the defendant applied a credit card to the defendant who lacks the ability to pay, and the card companies like the plaintiff were exposed to enormous damage caused by the divulgence of personal information of members, and urged payment of credit card fees by telephone, text message, etc., and made it impossible to conduct normal social activities by creating the defendant who failed to pay credit rating as the non-performance of obligation and thus, the plaintiff is liable for damages to the defendant. However, the defendant's assertion is without merit, since there is no evidence to acknowledge the above assertion.

Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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