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(영문) 인천지방법원 부천지원 2017.02.08 2016가단25159
신용카드이용대금
Text

1. The Defendants are to the Plaintiff within the scope of the property inherited from the network C, and the Defendants each amounting to KRW 104,558,516.

Reasons

1. Basic facts

A. C was admitted as a member of the ELS Co., Ltd. and used with a credit card issued by the said company, but did not pay the amount.

The plaintiff merged with the ELV Card Co., Ltd.

B. As of October 25, 2016, C’s credit card usage amount for the Plaintiff is the principal amount of KRW 46,491,172, interest 3,523,750, delay damages amount of KRW 159,202,111, and the agreed delay damages rate of KRW 29.9%.

C. Accordingly, the Plaintiff filed a claim for a loan payment order with the Incheon District Court Branch Branch Branch Branch Branch of 2008Guj1465, and the above court issued a payment order with the purport that “C shall pay to the Plaintiff the amount of KRW 46,491,172 out of KRW 102,238,141 and the amount of money calculated at the rate of 29.9% per annum from April 4, 2008 to the date of full payment,” and the above payment order was finalized on April 30, 2008.

C The C died on November 16, 2008, and the heir's children are the Defendants, and the inheritance shares are 1/2, respectively.

E. The Defendants filed an application for the adjudication on the limited acceptance of inheritance with the Busan District Court Branch 2009Radan724, and the said court approved the above qualified acceptance report on December 28, 2009.

[Ground of Recognition] Facts without dispute between the parties, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2 (including various numbers), the purport of the whole pleadings

2. Comprehensively taking account of the above facts of recognition, the Defendants are obligated to pay the Plaintiff the principal and interest of the use of the credit card within the scope of the property inherited from the network C.

In this regard, the Defendants asserted that the above credit card payment claim cannot be complied with the Plaintiff’s claim since the above credit card payment claim had already expired due to the expiration of the commercial extinctive prescription period, and thus, it was examined. As such, the payment order that the Plaintiff sought a payment order against C and accepted all of the Plaintiff’s claim was finalized on April 30, 2008, the extinctive prescription period is ten years.

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