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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. On December 24, 2013, the Plaintiff entered into a credit card transaction agreement with the Defendant and issued a credit card (credit card No. B; hereinafter “instant credit card”) to the Defendant around that time, and the Defendant has used the instant credit card.
B. The Plaintiff’s standard terms and conditions applicable to the instant credit card transaction are: (a) where a member fails to pay a credit card payment on the payment date, Article 26(4) provides that the Plaintiff shall additionally pay damages for delay calculated in the formula of the payment from the day following the date of settlement to the date of full payment (if the member fails to pay a credit card payment on the payment date, interest included in arrears x overdue interest rate x the number of overdue days / 365); and (b) provides that the above overdue interest rate shall be determined and notified each month by the Plaintiff; and (c) where a member fails to pay the full amount of payment on the credit card company’s credit card company’s credit card transaction due to the cause of overdue payment or the cause of loss of overdue interest, he/she shall bear the expenses for exercising the right, such as the credit card company’s credit card transaction’s credit card transaction’s credit card transaction’s credit card payment due to the occurrence of overdue interest or overdue interest; and (8) provides that the order of debt payment by the credit card company shall in principle be confirmed through the Internet website and response (AS).
C. The settlement date of the instant credit card payment is the first day of each month, and the overdue interest rate on the instant credit card payment determined by the Plaintiff is 27.9% per annum where the overdue period is at least three months from March 3, 2016.
As of June 1, 2016, the defendant's delinquency in payment of the credit card price of this case was at least three months, and the overdue amount was at least KRW 3,040,219, interest 51,196, late interest 9,474.