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(영문) 의정부지방법원 2015.09.24 2015나52573
신용카드이용대금
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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

1. Determination as to the cause of claim

A. The following facts are acknowledged in light of the purport of the entire pleadings in each statement of Gap evidence Nos. 1 through 4.

1) In joining the Plaintiff’s credit card company as a member, the Defendant agreed to fully understand and consent to the terms and conditions of the credit card member agreement, and to pay late payment in accordance with the interest rate set by the Plaintiff. (2) The Defendant used the credit card issued by the Plaintiff and began to delay the payment of the credit card fee from August 1, 2014. As of September 3, 2014, the Defendant failed to perform the obligation to pay the credit card payment amount of KRW 189,177 to the Plaintiff, the principal of the temporary payment amount of KRW 189,177, and the late payment charge of KRW 2,782, the principal of the installment amount of KRW 1,614,460, and the late payment charge of KRW 46,523, the principal of the credit card loan amount of KRW 8,501,423, and the late payment charge of KRW 138,287.

3) The interest rate on delay determined by the Plaintiff is 23.5% per annum for the amount used in lump sum, 24.5% per annum for the amount used in installment, and 26.5% per annum for the amount used in credit card loans. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 10,492,652 per annum for the amount used in credit card loans (i.e., KRW 189,177 won, KRW 2,782 won, KRW 1,614, 460 won, KRW 46,523 won, KRW 8,501,423 won, KRW 138,287, and KRW 189,17 for the amount used in lump sum, from September 4, 2014 to the date of full payment, to the date of full payment, KRW 23.5% per annum, KRW 1,614,460 per annum from September 25, 2014.

2. In conclusion, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit.

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