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(영문) 인천지방법원 2016.02.17 2015나15115
신용카드이용대금
Text

1. Of the judgment of the court of first instance, the part against the defendant (appointed party) exceeding the money ordered to be paid below.

Reasons

1. Basic facts

A. A. Around April 25, 2001, the networkF (hereinafter “the network”) entered into a credit card subscription agreement with the Plaintiff (the former trade name: ELS Co., Ltd.) and used it by obtaining credit cards.

B. As of December 19, 2013, the deceased’s delayed payment of the credit card use price as of December 19, 2013 is KRW 59,914,013 (the principal KRW 14,412,766, the 512,739, the late payment charge of KRW 44,98,508), and the late payment rate applied by the Plaintiff from December 19, 2013 to the present date is 29.9%.

C. The Deceased died on May 8, 2008, and the Deceased’s spouse G (Divorce on June 28, 1991), H (Divorce on June 28, 199), and the Deceased’s life was divorced, and the Deceased did not have a child, and both the Deceased’s parents died.

Therefore, at the time of the deceased’s death, the deceased’s heir was the deceased’s arbitr D, the deceased’s son I, and the deceased’s son E, who was the spouse of the deceased’s arbitr or net K (the deceased’s death on August 5, 1995) and the Defendant (the appointed party; hereinafter “Defendant”), the son B, C, and the deceased’s children of the deceased’s m, the deceased’s dead net L (the deceased on September 23, 2002)’s son, the deceased’s mar’s dead net N (the deceased on October 5, 1991), and Q and R, who was the spouse of the deceased’s mar P (the deceased on August 19, 203).

On July 23, 2014, the Seoul Family Court rendered a decision to waive inheritance as the Daejeon Family Court 2014Ra866 on July 23, 2014, and Q and R received a decision to accept a report of qualified acceptance as the Daejeon Family Court 2014Mo624 on June 27, 2014.

E. Each inheritance share of the Defendant and the designated parties is 10/270, 10/270, 45/270, 45/270, and 15/270, 15/270, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence Nos. 7 through 14, Eul evidence Nos. 2 and 3 (including branch numbers), the purport of the whole pleadings

2. According to the above facts of the judgment on the cause of the claim, the defendant and the designated parties are the deceased's heir or substitute heir, and they are the deceased's credit card as requested by the plaintiff.

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