logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.10.19 2018나51326
신용카드이용대금 등
Text

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. B entered into a credit card transaction agreement with the Plaintiff on May 25, 2011 and obtained credit cards from the Plaintiff.

B. B used the above credit card to obtain a loan (hereinafter “second loan”) from the Plaintiff on June 8, 2016, with a due date fixed on June 25, 2018, and with a maturity of KRW 1 million on February 3, 2017, with a maturity of KRW 200,000 as of February 25, 2019.

C. The overdue interest rate agreed between the Plaintiff and B on the credit card use price is as follows.

A lump-sum payment for less than three months less than three months in arrears period of less than one month, 22.9% in the installment, 23.3% in the cash services, 23.7% in the 22.9% in the interest rate of less than 18%, 22.9% in the 23.3% in the interest rate of less than 18% in the 23.7% in the 24.3% in the 24.7% in the interest rate of more than 23% in the 23.9% in the 24.7% in the 26.7% in the 26.9% in the interest rate

D. Unpaid credit card payments as of January 5, 2018 are KRW 344,814 in total (i.e., KRW 333,32 in late interest rate of KRW 11,482 in late interest rate of KRW 23.3% in late interest rate of KRW 475,877 in total (i.e., interest rate of KRW 450,00 in late interest rate of KRW 13,349 in late interest rate of KRW 12,528 in late interest rate of KRW 13,349 in late interest rate of KRW 12,528 in late interest rate of KRW 13,349 in late interest rate of KRW 24.3% in late interest rate of KRW 809,386 in total (i.e., principal amount of KRW 756,191 in interest).

E. B died on September 24, 2017. At the time of death, at the time of death, the Defendant, C, and D, a spouse as the inheritor, but C and D filed a declaration of renunciation of inheritance with the Incheon Family Court Decision 2017-Ma2749, and the said declaration was accepted on November 14, 2017, the Defendant became the sole inheritor of B.

F. Meanwhile, on the other hand, the Defendant filed a report on the recognition of the inheritance limited status with the Incheon Family Court 2017-Ma3113, and the said report was accepted on December 26, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim 1, the defendant is from the deceased B.

arrow