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1. Revocation of a judgment of the first instance;
2. The Defendant’s KRW 17,717,536 and KRW 43,465 among the Plaintiff’s KRW 17,717,536, Sept. 16, 2015.
Reasons
1. According to the facts below's determination as to the cause of the claim, with respect to KRW 43,465, such as KRW 17,717,536 and the installment payments thereof, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 23.7% per annum, which is the overdue interest rate of KRW 23.7% per annum, from September 16, 2015 to the date of full payment, and the rate of KRW 16,967,466, among them, from September 16, 2015 to the date of full payment.
The Defendant applied for the issuance of credit cards to the Plaintiff, and on July 26, 2013, the Plaintiff issued credit cards with the validity term indicated in June 30, 2018 to the Defendant.
The Plaintiff received the said credit card on August 5, 2013.
B. The overdue interest rate on the credit card price used by the Defendant shall be applied respectively to the payment in lump sum, the overdue interest rate of 23.5% per annum at the time of the overdue payment for more than one month, and the delay interest rate of 24.7% per annum at the time of the overdue payment for less than three months with respect to other short-term card loans, etc.
C. On September 15, 2015, the Defendant: (a) purchased goods using the above credit card, etc.; (b) there were 13,768,647 won in the amount of unpaid credit card payment (24,99 won in the amount of installments; (c) 13,743,648 won in the amount of unpaid credit card payment; and (d) 3,242,284 won in the amount of overdue principal (in the amount of installments, 16,66 won in the amount of installments; 3,223,818 won in the amount of overdue interest); and (d) there were 17,717,536 won in the aggregate of overdue fees, late interest, etc.
[Ground of recognition] Facts without dispute, purport of whole pleading
2. If so, the plaintiff's claim should be accepted on the ground of its reasoning. Since the judgment of the first instance is unfair on the ground of its conclusion, the plaintiff's appeal is accepted and the judgment of the first instance is revoked and the defendant is ordered to pay the above money.