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(영문) 서울중앙지방법원 2016.03.23 2015가단5228976

신용카드이용대금

Text

1. The Defendant’s KRW 20,522,078 and KRW 270,00 among the Plaintiff’s KRW 23.5% per annum from July 9, 2015 to the date of full payment.

Reasons

1. The defendant entered into a credit card use contract with the plaintiff and delayed payment of 270,000 won when he used the credit card.

The overdue interest rate under the contract is 23.7% per annum, and the overdue interest rate until July 8, 2015 is 9,215 won.

On October 22, 2014, the Defendant borrowed KRW 20 million to the Plaintiff.

The overdue interest rate under the contract is 22.9%, and the agreement until July 8, 2015, calculated accordingly, is 235,195 won, and overdue interest is 7,668 won.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. According to the facts of recognition, the defendant is obligated to pay the credit card user fee and loan to the plaintiff.

The defendant asserts that the defendant received money borrowed from the plaintiff as the so-called Bosing from the women who are South Korea branch B of the National Bank and their daily allowances, and that the defendant did not use the loan.

However, there is no evidence to admit the defendant's assertion.

Furthermore, in the case of fraud by a third party, the contract can be cancelled only when the other party knew or could have known such fact (Article 110(2) of the Civil Act). It cannot be deemed that the Plaintiff, by itself, knew or could have known such fact.

The defendant's above assertion is not accepted.

3. Conclusion, the Defendant is obligated to pay to the Plaintiff overdue interest calculated by the agreed overdue interest rate of 23.7% per annum for the principal and overdue interest of the credit card use loan, principal of the loan, principal and overdue interest of 20,522,078 won per annum from July 9, 2015 to the date of full payment of the credit card use price of 2.7% per annum from July 9, 2015, and interest rate of 22.9% per annum from July 9, 2015 to the date of full payment of the loan.

All of the plaintiff's claims are accepted.