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(영문) 수원지방법원 2019.10.10 2019나68831
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

1. Facts of recognition;

A. The Defendant consented to the Plaintiff’s credit card individual member agreement, etc. and was admitted as the Plaintiff’s member, and was issued a credit card by the Plaintiff, and delayed payment from January 25, 2019.

B. As of March 18, 2019, the Defendant’s delayed payment of the credit card amounting to KRW 125,973 (i.e., principal KRW 123,306; KRW 2,667; annual interest rate of 15.5%) and KRW 349,618 (i.e., late interest rate of KRW 347,100; KRW 2,518; annual interest rate of agreed delay; KRW 22.5%); cash service 1,446,743 (i.e., principal amount; KRW 58,758; annual interest rate of KRW 1,387,985; and KRW 24%); total amount of KRW 1,922,34 (i.e., late interest rate of KRW 1,85,391; KRW 63,943).

[Ground of recognition] Facts without dispute, entry of evidence A1 to 8, purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff delay damages for the amount of KRW 1,922,334 in total and the amount of KRW 123,306 in lump sum from March 19, 2019 to the date of full payment, 15.5% per annum for lump sum payment, KRW 22.5% per annum for installment payment, KRW 347,100 for principal, and KRW 22.5% per annum for cash service, KRW 1,387,985 per annum for each agreed interest rate.

The defendant asserts that the plaintiff unilaterally applied high interest rate, but each of the above overdue interest rate is legitimate as it is in accordance with the plaintiff's personal member agreement, which the defendant consented to the plaintiff's membership. Thus, the defendant's argument is without merit.

3. Conclusion, the plaintiff's claim of this case should be accepted as reasonable.

The judgment of the court of first instance is justifiable in its conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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