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(영문) 서울중앙지방법원 2020.11.10 2020가단5214902
신용카드이용대금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 47,424,946 and KRW 46,694,765 from June 17, 2020 to the day of full payment.

Reasons

1. Basic facts

A. On April 18, 2001, the Defendant agreed with the Plaintiff to observe each of the provisions stipulated in the terms and conditions of individual credit card holders, concluded a membership agreement with the Plaintiff, and received a credit card for its members from the Plaintiff.

B. The Defendant did not pay credit card bills from May 14, 2020. In the event of settlement as of June 16, 2020, the principal of the obligation owed to the Plaintiff is KRW 46,694,765, and the amount of the obligation owed to the Plaintiff is KRW 600, interest and delay damages are KRW 729,581.

C. Article 27(4) of the above Credit Card Individual Terms and Conditions provides that "where the balance of deposit and the amount of loan falls short of the payment, and the credit card payment was not made on the date of payment, compensation for delay shall be additionally borne from the following day to the date of payment, and where the overdue rate is changed, the changed overdue interest rate shall apply after the date of payment." In the case of the defendant, the current overdue interest rate applied to the defendant

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings.

2. According to the judgment and the facts of the above recognition, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 24% per annum from June 17, 2020 to the day of full payment, since the defendant is obligated to pay to the plaintiff the total amount of 47,424,946 won incurred by the above credit card and the principal amount of 46,694,765 won of the card using the above credit card. Thus, it is so decided as per Disposition by the plaintiff's claim.

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