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(영문) 서울중앙지방법원 2019.04.09 2018나50514
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

According to the evidence evidence Nos. 1, 2, and 4, the defendant entered into a credit card use contract (hereinafter “instant use contract”) with the plaintiff on December 1, 2008 and used it with the credit card. Accordingly, the defendant bears the obligation to pay overdue interest calculated at the rate of 24% per annum for the plaintiff as of the closing date of pleadings of the instant case and 836,167 won from December 13, 2017 to the day of complete payment.

On June 21, 201, the defendant sought payment of the credit card use fee of this case, which is the amount calculated including 3,000,000 won from the credit card loan of this case (hereinafter "the credit card loan of this case") from the plaintiff on June 21, 201, although the defendant did not have received a loan of 3,00,000 won from the plaintiff under the credit card use contract of this case ("the credit card loan of this case"). Thus, the plaintiff argued to the effect that the defendant does not have any credit card use fee obligation that the defendant shall pay to the plaintiff when calculating the credit card use fee of this case except the credit card loan of this case where the defendant did not have received a loan from the plaintiff. However, considering the purport of the argument in the evidence No. 16 and No. 7, the defendant's argument was without merit since it was based on the plaintiff's automatic response system (AR) under the terms and conditions of the credit card use contract of this case, and the defendant received the above credit card loan of this case with the plaintiff.

Therefore, the plaintiff's claim of this case 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, and it is so decided as per Disposition.

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