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(영문) 인천지방법원 2021.02.04 2020나59539

신용카드이용대금

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. In full view of the purport of the entire arguments in Gap evidence No. 1, Gap evidence No. 2-1 through 3, and Gap evidence No. 3 as to the plaintiff's cause of action, the defendant did not pay 4,569,905 won to the plaintiff as of April 22, 2019. Among them, the principal amount is 2,824,150 won, and the amount of damages for delay in an agreement is 16.1% per annum. The mere statement of evidence No. 2 is insufficient to reverse the plaintiff's assertion, and there is no counter-proof otherwise.

According to the above facts, the Defendant is obligated to pay damages to the Plaintiff at the rate of 15% per annum under the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) with interest rate of KRW 4,569,90 and KRW 2,824,150, the principal of the unpaid credit card and KRW 2,824,150 from April 23, 2019 to May 7, 2019, which is the date of delivery of a copy of the complaint of this case from April 23, 2019.

The defendant recognizes the plaintiff's claim, but it is difficult to make repayment because of its excessive interest.

The defendant's assertion that the above defendant's argument alone cannot avoid the defendant's obligation to pay. Thus, the defendant's argument is without merit.

2. The plaintiff's claim for conclusion must be accepted on the ground of the reasons.

The judgment of the court of first instance is just based on its conclusion, and the defendant's appeal is dismissed as it is without merit.