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1. Revocation of the first instance judgment.
The instant lawsuit is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
purport.
Reasons
1. Facts of recognition;
A. On or around March 12, 2010, the Plaintiff, a credit card business operator, who is a credit card business operator, receives goods and services from the Plaintiff and receives cash services from the Plaintiff by using the said credit card. The Plaintiff’s credit card business operator is obliged to pay the Plaintiff the user fee and the fees incidental thereto on the date of payment (13th of each month) designated by the Plaintiff. If the Plaintiff fails to pay the fees, then the Plaintiff shall lose the benefit of the due date and pay the overdue charge in addition to 25% per annum during the overdue period (hereinafter “instant credit card”).
(2) On March 12, 2010, the Defendant: (a) received the instant credit card from the Plaintiff and used the instant credit card; (b) did not pay the credit card price to KRW 4,782,253; (c) but lost the benefit of time due to the failure to pay the credit card price; and (d) on October 3, 2013, the entire credit card price was KRW 5,241,508 (i.e., the principal amount of the credit card and KRW 4,782,253 (i.e., KRW 436,30,01).
B. Not paid 1) The Defendant’s credit card loan amounting to KRW 1,000,000 on August 16, 201 (hereinafter “loan”) from the Plaintiff.
(B) Eul, 1,600,000 won on November 27, 2012 (hereinafter referred to as "B loans");
B) B B borrowed each credit card loan as a loan loan, the interest was agreed to lose the benefit of the due date when each of the above principal and interest of the loan was not paid at the due date (hereinafter “each of the instant loan agreements”).
(2) The Defendant lost the benefit due to the Defendant’s failure to pay the remaining principal and interest of a loan (i.e., KRW 1,600,000,000) as a result of the Defendant’s repayment of some of the above loan principal and interest of KRW 1,60,000. The remaining principal and interest of a loan remaining after October 3, 2013 = 1,794,138.