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(영문) 부산지방법원 2016.11.17 2016나5549
신용카드이용대금
Text

1.In accordance with changes in claims in the trial, the judgment of the first instance shall be changed as follows:

2. The Plaintiff:

A. Defendant A.

Reasons

1. Facts of recognition;

A. On January 2, 2002, E concluded a credit card transaction agreement with the Plaintiff on January 2, 2002, where the card price is overdue, E shall pay damages for delay according to the overdue interest rate determined by the Plaintiff. The current overdue interest rate is 24% per annum.

B. E did not pay the credit card user fee of KRW 9,322,361 (= principal amount of KRW 8,227,449, 1,094, 912), as of October 19, 2015, following the delinquency in paying the credit card user fee from April 25, 2015.

C. On June 1, 2015, E died, and the heir is the wife Defendant A, Defendant B, C, and D.

The inheritance shares of the Defendants are 3/9, 2/9, 3, and 4 respectively. D.

On the other hand, on November 11, 2015, Defendant A was tried to grant an inheritance limited approval by the Busan Family Court as the Busan Family Court Decision 2015Ra2798.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Gap 1 to 1 evidence, purport of the whole pleadings

2. According to the above facts of determination, Defendant A is obligated to pay damages for delay calculated by the agreement rate of 24% per annum from October 20, 2015 to the date following the above basic date to the Plaintiff, with respect to KRW 3,107,453 (= KRW 9,322,361 x KRW 3/9 x less than KRW 3/9) within the scope of the property inherited from the network E and the principal amount of KRW 2,742,483 (= KRW 8,227,449 x 3/9). Defendant B, C, and D are each 2,071,636 won (= KRW 9,322,361 x below KRW 2/9, and less than KRW 2/9) and 1,828,322 (=8,227,449 x 2/9) from October 20, 2015 to the date of repayment.

3. Conclusion, the plaintiff's claim of this case must be accepted in its entirety on the grounds of its reasoning, and the decision of the court of first instance shall be modified upon the modification of the claim in the trial.

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