The defendant shall pay 50,137,838 won to the plaintiff and 12% per annum from October 31, 2019 to the day of complete payment.

1. Determination on the cause of the claim

A. The following facts are acknowledged in light of the purport of the entire pleadings as to the statements in Gap evidence Nos. 1 and 5.

1) On or around March 1996, the Defendant entered into a credit card subscription agreement with the Plaintiff, which stipulates that the Defendant shall use the credit card issued by the Plaintiff and pay the price therefor. Around that time, the Defendant shall use the credit card that the Plaintiff may use in the Plaintiff’s department store (hereinafter “instant credit card”).

(2) On the other hand, the Defendant began to pay the user fee of the instant credit card from March 10, 2019 to September 2, 2019, and the credit card user fee incurred from September 2, 2019 to KRW 50,137,838 in total.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 31, 2019 to the day of full payment, as the date of delivery of a copy of the complaint of this case, to the day of full payment, as the Plaintiff’s payment of KRW 50,137,838, and its payment.

2. Judgment on the defendant's assertion

A. As to this, the defendant asserts as follows.

1) The actual use of the instant credit card is DD in which the Plaintiff’s operating department stores for editing revenues in the Plaintiff’s operating department stores, and the Plaintiff’s person in charge was aware of such circumstances and the reckless settlement of the instant credit card and the cancellation of payments that are repeated on an irregular basis in the use of the instant credit card. Nevertheless, the Plaintiff was negligent in verifying the requirements for cancellation of orders under the Act on Installment Transactions or failing to refrain from using the instant credit card.

3. Meanwhile, according to the contract between the Plaintiff and the Defendant for subscription of credit card holders, if the Plaintiff’s negligence is involved in the process of illegally using credit cards, the amount of credit card usage should be limited to the amount corresponding to the percentage of negligence.