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(영문) 전주지방법원군산지원 2015.12.15 2015가단52393
신용카드이용대금
Text

1. The Defendant shall pay to the Plaintiff KRW 5,00,000 and the interest rate of KRW 29.9% per annum from February 26, 2015 to the day of complete payment.

Reasons

1. On July 3, 2009, the Plaintiff entered into a credit card use contract with the Defendant, but agreed to the agreed interest rate for delay as 29.9%.

As of March 30, 2015, the unpaid amount out of the credit card usage charges under the above credit card use contract is KRW 10,287,376 (i.e., the late payment of KRW 1,480,750 in lump sum 31,200 in the late payment charge of KRW 8,518,40 in the late payment charge of KRW 254,273 in the late payment charge of KRW 254,273 in the above credit card use contract.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion concluded a credit card use agreement with the Defendant on July 3, 2009, and a credit card loan agreement on September 23, 2014, respectively.

As of March 30, 2015, the Defendant’s credit card payments and credit card loan principal amounting to KRW 24,440,482 (= Principal KRW 23,689,885, interest KRW 677,387,210). Of these, the amount of principal and interest of credit card loan amounting to KRW 14,121,906 (= Principal KRW 13,690,735) is the principal and interest amounting to KRW 423,114, overdue interest amounting to KRW 8,057).

Therefore, the Plaintiff claimed against the Defendant for payment of credit card usage and credit card loan principal and interest of KRW 24,440,482, and delay damages for the principal amount of KRW 23,689,885.

B. The Defendant’s assertion that the Defendant applied for increase in excess of KRW 5,00,000 to the Plaintiff in the case of credit card loans or did not consent thereto, and there was no agreement with the Plaintiff in the case of credit card loans.

3. Determination

A. According to the above facts, the defendant is obligated to pay 10,287,376 won to the plaintiff under the credit card use contract, unless there are special circumstances.

On the other hand, the defendant does not have applied for the increase in excess of 5,000,000 won of credit card or there is no consent to it, and therefore, the defendant is responsible only within the limit of use of 5,00,000 won.

On May 20, 2013, the Defendant increased the credit card use limit to KRW 5,00,000.

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