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(영문) 서울중앙지방법원 2016.11.09 2016나23990
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 the arguments in Gap evidence Nos. 1 through 4, the defendant, on November 9, 201, issued a credit card to a credit card company (foreign exchange card company was merged with a credit card company on December 1, 2014 and changed its trade name to plaintiff; hereinafter "Plaintiff") and used it as a credit card holder. Article 26 of the Terms and Conditions of Member that the defendant consented to pay the credit card user fee and all of the fees incidental thereto shall be paid. If the payment is not made on the settlement date, the defendant shall pay damages for delay according to the interest rate determined by the plaintiff. The defendant delayed payment of the credit card user fee from December 25, 201 to December 15, 201, the total amount of principal and interest on the credit card as of July 15, 2015 is 1,415,017 won ("Plaintiff"; hereinafter referred to as "Plaintiff"). The defendant shall recognize the fact that the plaintiff is 1,415 won to 370 won and 1715 won per annum.36.7

As to this, the defendant used a credit card issued by the plaintiff only until May 2014, and the plaintiff's claim amount of this case is related to the ice agreement that the defendant did not conclude. However, there is no evidence to acknowledge the defendant's assertion, but rather, according to the purport of the whole pleadings, the defendant decided to pay the credit card price to the plaintiff each month in proportion to the rate agreed in advance between the plaintiff around August 30, 2013, and it can be recognized that the credit card price was paid by the ice method from September 2013 to September 2013. Thus, the defendant's assertion is without merit.

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