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(영문) 인천지방법원 2016.07.14 2016나486
상속채무금
Text

1.The judgment of the first instance shall be modified as follows:

The Plaintiff

A. Defendant A shall be KRW 8,728,778 and KRW 1,554,534 among them.

Reasons

1. As to the cause of claim

A. On February 17, 2006, the network D (hereinafter “the network”) signed a credit card with the Plaintiff’s credit card member and paid the credit card user fee incurred while using the credit card and fees incidental thereto. However, in the event of arrears, the Plaintiff lost the benefit of the time limit and paid the credit card user fee in addition to the delayed interest rate determined by the Plaintiff. 2) The credit card user fee and late payment charge against the Plaintiff by the deceased were as set out below as of May 6, 2015.

(hereinafter “instant debt”). The deceased died on January 22, 2015, 2,590,890 102,892,693,782 card 47,650 1,919 49,569 cash service 2,30,000,814 2,494,814 card theory 8,668,668,14161,641,675 9,309,816 total 13,606,606, 1941,304,547,9813) and 13,606,301,304,547,9813) with an annual overdue interest rate determined by the Plaintiff. The deceased died on January 22, 2015 as heir, A, and C.4) with an annual overdue interest rate of 25% per annum 25% per annum.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, each entry of No. 6, the purport of the whole pleadings

B. 1) The Defendants inherited the deceased’s debt of this case according to their respective inheritance shares (Defendant A3/5, and Defendant C2/5). 2) If so, the Plaintiff is so, Defendant A was 8,728,778 won (i.e., KRW 14,547,981 x KRW 3/5, and less than KRW 3/5). The same applies to the Plaintiff.

Of them, 1,554,534 won (=2,590,890 won x 3/5) x 24.5% per annum from May 7, 2015 to the date of full payment x 1,408,590 won (=(2,300 won x 3/5) x 29% per annum from May 7, 2015 to the date of full payment x 8,68,141 x 3/5) x 3.5% per annum from May 7, 2015 to the date of full payment x 26.5% per annum from May 7, 2015 to the date of full payment x 3/5 x 3.5% per annum, 26.5% per annum, 3.5% per annum from the date of full payment x 3/5 x 205 x 205 x 3.7.5 x 25 5 x 9.7.5 x 5 5 5 x 2.7.7.5 x .5)

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