1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

1. Facts of recognition;

A. On April 20, 201, the Defendant filed an application with the Plaintiff for membership of credit card holders, and was used by the Plaintiff with the credit card (credit card number C; hereinafter “instant credit card”). From June 26, 2012, the Defendant failed to pay all of the instant credit card usage fees, and paid one million won to the Plaintiff on September 7, 2012. Finally, the Defendant did not pay the credit card usage fees.

B. As of June 13, 2017, the Plaintiff incorporated the instant credit card user’s claim against the Defendant into a special bond (hereinafter “instant claim”), and based on June 13, 2017, the remaining principal and interest of the instant claim are KRW 19,951,951, 199,951, 1,537,244, 3,506, 23.7% per annum, and the overdue interest rate is 23.7% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the facts acknowledged as above, the defendant is obligated to pay to the plaintiff the remaining amount equivalent to the principal and interest of the claim of this case as the payment for the use of the unpaid credit card and its delay damages, unless there are special circumstances.

B. (1) As to the Defendant’s defense of extinctive prescription, the Defendant’s assertion that the short-term extinctive prescription period of three years is applied to the interest portion of the instant claim, the period of prescription has already lapsed at the time the Plaintiff filed the instant lawsuit, and thus, the Defendant did not have any obligation

(2) In full view of the above evidence and the purport of the entire argument, Article 26(4) of the Plaintiff’s standard terms and conditions of personal member of a credit card provides that “where the credit card user fee was not paid on the settlement date, the number of overdue days shall be calculated from the day following the settlement date to the full payment date and the damages for delay shall be additionally borne.” The instant claim is not a claim under a loan for consumption, but a special bond.