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(영문) 서울중앙지방법원 2016.11.09 2016가단18706
신용카드이용대금
Text

1. The defendant shall within the scope of the property inherited from the deceased B, and KRW 34,766,892 among them and KRW 29,98,597 among them.

Reasons

1. Basic facts

A. On December 23, 2005, the Plaintiff entered into a credit card use contract with C Co., Ltd. (hereinafter “C”) and B jointly and severally guaranteed C’s credit card use payment obligation within the limit of KRW 30,000,000.

B. As of September 3, 2015, C’s obligation to pay credit card bills to the Plaintiff is KRW 34,766,892 (i.e., principal amount of KRW 29,98,597, etc., KRW 4,768,295), and the rate of delay damages is 28% per annum.

C. B died on July 3, 2015, and at the time of death, there was the defendant, E, F, and G, who is the spouse, as the inheritor.

On November 9, 2015, the declaration of renunciation of inheritance was accepted by the Gwangju Family Court as 2015 D, E, F, and G. On November 9, 2015. On November 9, 2015, the Defendant’s declaration of renunciation of inheritance was accepted on November 9, 2015.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3, purport of whole pleadings]

2. According to the above facts of determination, the defendant shall, within the scope of the property inherited from the deceased B, pay to the plaintiff 34,766,892 won and 29,98,597 won among them, delay damages at a rate of 28% per annum from September 4, 2015 to the date of full payment, which is the day following the start-up of the final damages for delay, and the defendant shall be liable to pay to the plaintiff within the limit of 30,000,000 won, which is the maximum amount of guarantee.

3. Full acceptance of the Plaintiff’s claim

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