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(영문) 서울서부지방법원 2016.01.15 2015가단24808
신용카드이용대금등
Text

1. The defendant shall pay to the plaintiff the amount of KRW 31,205,784 and KRW 27,738,616 among them, from July 22, 2015 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) Around December 19, 2001, the Defendant agreed to comply with the Plaintiff’s Credit Card Membership Regulations, signed a credit card transaction agreement with the Plaintiff and received a credit card issuance by signing on the application for the membership of Samsung Card. 2) If a member under the Plaintiff’s Credit Card Membership Regulations delays in paying credit card bills, the Plaintiff may terminate the credit card transaction agreement. Accordingly, the member loses the benefit of time in accordance with the credit card transaction basic terms and conditions, and pays the full amount of obligations, such as credit card use fees and fees, at one time, to pay damages for delay at the interest rate determined by the Plaintiff. The interest rate set by the Plaintiff is 29.9% per annum from March 5, 2004 to the date of the closing of the argument

3) The Defendant used a credit card and delayed payment of the credit card use price, etc. to the Plaintiff for about nine months. As of July 21, 2015, the amount the Defendant did not pay to the Plaintiff as of July 21, 2015 is KRW 31,205,784, including the amount of principal, 27,738,616, fee 1,285,642, late payment charge 2,181,526, such as the credit card use price, etc., and KRW 31,205,784.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff the full amount of the obligation, such as credit card use fees, by failing to pay the credit card fee, by terminating the credit card transaction agreement, losing the benefit of time, and making payment in lump sum. As such, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 29.9% per annum, which is the overdue interest rate, from July 22, 2015 on the following day of the above calculation date to the date of complete payment, with respect to the total amount of KRW 31,205,784, and principal amount of KRW 27,738

2. The judgment of the defendant on the defendant's assertion is that the fire, transaction partner, and the company's company's company's company's company's company's company's company's company's company's company's company's company's company'

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