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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. Basic facts
A. On November 6, 1984, the Plaintiff entered into a credit card transaction agreement with the Defendant and issued the credit card (hereinafter “instant credit card”) to the Defendant around that time. Accordingly, the Defendant used the instant credit card.
B. The overdue interest rate on the instant credit card payment determined by the Plaintiff is 24% per annum.
C. As of November 21, 2017, the Defendant’s payment of the credit card price in this case was overdue, and the overdue amount is the total of KRW 22,716,825,825, including the principal and KRW 10,968,126, overdue interest, KRW 10,244,789, and KRW 1,503,910.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 5, purport of whole pleadings
2. Determination
A. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 24% per annum from November 22, 2017 to the date of full payment, which is the day following the base date for calculation of the overdue charge, etc., as to the total amount of KRW 22,716,825 as of November 21, 2017 and the principal amount of KRW 10,968,126 as of the base date for calculation of the overdue charge, etc.
B. The defendant's assertion is alleged to the effect that the credit card of this case was not issued or used. Thus, according to the whole purport of the statements and arguments as stated in the evidence Nos. 6 and 7, the defendant filed an application for individual rehabilitation on September 10, 2013 and stated the amount of credit card use issued on November 6, 1984, 10,968, 126 won in the creditor list as the creditor bank and the creditor bank, the balance of the principal amount of the credit, and damages for delay, and the fact that the credit card use price of this case was settled several times in the creditor bank account in the defendant's name. According to the above facts, according to the above facts, the plaintiff can be confirmed using the credit card of this case, and there is no other evidence to determine otherwise, the defendant's above assertion cannot be accepted.
3. Conclusion.