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(영문) 서울중앙지방법원 2017.12.07 2017나25580
신용카드이용대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On May 8, 2002, the Defendant issued a credit card application to the Plaintiff with the credit card issued. As of October 13, 2015, the Defendant did not pay KRW 2,673,971 in total of the principal of the credit card use price, interest for arrears and fee 2,628 won, and interest for delay and fee 2,673,971. The overdue interest rate applicable to the credit card use price is 29.9% per annum.

B. On May 26, 2014, the Defendant received a card loan (credit card interest theory) with a maturity of KRW 5 million from the Plaintiff on September 25, 2016, and as of October 13, 2015, the Defendant did not repay the total of KRW 3,312,182, interest and overdue interest KRW 208,635, and KRW 3,520,817, and the overdue interest rate applicable to the card loan is 23.7% per annum.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. According to the facts of the above recognition, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 23.7% per annum, which is the interest rate for delay, from October 14, 2015 to the date of full payment, with respect to the agreed interest rate of 2,432,343 won, which is the agreed interest rate of 29.9% per annum, 3,312,182 won from October 14, 2015 to the date of full payment, following the above basic date, to the Plaintiff at the rate of 23.7% per annum, which is the interest rate for delay, from October 14, 2015 to the date of full payment.

3. If so, the plaintiff's claim of this case is reasonable, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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