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1. The defendants' appeal is dismissed.
2. The costs of appeal shall be borne by each party.
3. The judgment of the court of first instance is ordered.
Reasons
1. Facts of recognition;
A. D In entering into a credit card transaction agreement with the Gyeyang Card Co., Ltd. (the change of the trade name on December 9, 2002 to the Plaintiff) on January 16, 2002, D entered into the credit card transaction agreement, the overdue interest rate is agreed to follow the terms and conditions prescribed by the Plaintiff and used the credit card, and as of May 14, 2015, D used the credit card. As of May 14, 2015, KRW 11,359,096 [the principal = KRW 2,398,521,294,865, late 294,865, and late 29% (the rate of overdue interest on the credit card use price set by the Plaintiff)
[Attachment] The Plaintiff did not complete the payment.
B. D The heir died on December 26, 2014, and there is Defendant A, Defendant B, and C as the heir.
The Defendants’ inheritance shares are 3/7, 2/7, and 3, respectively.
C. On the other hand, on April 9, 2015, the Defendants were tried to approve the inheritance limited qualification as the Jinwon District Court Branch Branch 2015 Down-do 143.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Gap evidence 4-1 to 14, Eul evidence 1 and the purport of the whole pleadings
2. According to the facts of the above recognition, Defendant A is obligated to pay the late payment charge calculated by the agreement rate of 29% per annum from May 15, 2015 to the agreed rate of 3,245,45,296 (=11,359,096 won x 3/7) and 685,291 won among them (= principal 2,398,521 won x 3/7, but less than KRW 3/7) and 685,291 won (= principal 2,398,521 won x 2/7, and less than KRW 297) as to the property inherited from the network D.
3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition by the court of first instance, but the decision of the court of first instance was modified as per Disposition 3 by the reduction of the plaintiff's claim at the court of first instance.