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(영문) 대전지방법원 2015.09.09 2014가합6514
신용카드이용대금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 10,716,498 and the amount of KRW 10,398,328 from June 17, 2014 to the date of full payment.

Reasons

1. On December 11, 1997 and July 17, 2007, the plaintiff asserted by the parties, signed each credit card use contract with the defendant and issued each credit card under the name of the defendant. Under each of the above contracts, the defendant primarily sought payment of the credit card payment, cash service principal, and interest interest for the above amount of KRW 10,716,498, and interest for delay, which the defendant currently overdue under each of the above contracts, and sought compensation for damages for damages for the tort committed by other person by stealing the name of the defendant and aiding and abetting the illegal acts committed by other person under the above credit card use contract with the plaintiff.

The defendant asserts that the plaintiff cannot respond to the plaintiff's claim because he did not have concluded a credit card use contract with the plaintiff.

2. Determination

A. The Defendant’s liability for the Defendant’s contract on December 11, 1997 entered into a credit card use contract with the Plaintiff on December 11, 1997, and issued a credit card does not conflict between the parties. Meanwhile, the unpaid principal and interest on June 16, 2014 was KRW 105,237, but the Plaintiff received the principal amount from the Defendant.

Therefore, the defendant is obligated to pay the remaining interest in arrears to the plaintiff 657 won.

B. The defendant's liability for the contract of July 17, 2007 (hereinafter referred to as "the contract of this case") 1) the contents of the contract of this case, whether the contract of this case is overdue, Gap evidence 1 to 4, and Eul evidence 1 (the number of additional numbers are included)

In full view of the purport of each entry and argument, the Plaintiff issued a credit card around July 17, 2007 upon receipt of an application for the issuance of the credit card under the name of the Defendant and around that time. The overdue interest rate on the use of the credit card is 29.9% per annum. The unpaid credit card on June 16, 2014 is 941,320 won per annum, the installment payment is 4,057,008 won, the installment payment is 10,398,328 won, and the sum of the installment payment is 5,40,000 won.

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