1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Determination on the cause of the claim

A. 1) On October 1, 201, the Plaintiff entered into an agreement on the use of a credit card with the Defendant and issued the credit card to the Defendant. According to the agreement, where the Defendant fails to pay the amount of the credit card within the given period, the Defendant shall lose the benefit of the given period and pay interest in arrears calculated at the rate of 23.9% per annum to the Plaintiff as of March 27, 2018.

[Ground of recognition] Unsatisfy, Gap evidence No. 1 and the purport of whole pleadings

B. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the sum of KRW 4,857,381 in total, interest and delay damages, and the principal amount of KRW 4,810,528.

2. The defendant's argument that the defendant cannot respond to the plaintiff's claim since he is currently in process of the procedure for filing a petition for bankruptcy.

Even if the defendant filed a petition for bankruptcy, such facts alone cannot serve as a ground for rejecting the plaintiff's claim, and further there is no evidence to prove that there was a decision of bankruptcy or exemption from liability against the defendant.

Therefore, the defendant's above assertion is without merit.

3. Conclusion, the Defendant is obligated to pay to the Plaintiff 4,857,381 won in total and the principal of KRW 4,810,528 as of the base date with interest rate of 23.9% per annum under the above credit card use agreement from March 28, 2018 to the date of full payment.

Therefore, the plaintiff's claim should be accepted on the grounds of its reasoning. Since the judgment of the first instance is legitimate, the defendant's appeal is dismissed. It is so decided as per Disposition.