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(영문) 대전지방법원홍성지원 2015.08.25 2015가단5293

신용카드이용대금

Text

1. The defendant shall pay to the plaintiff KRW 69,346,075 and KRW 1,100,000 among them from April 20, 2015 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. The following facts can be acknowledged according to the purport of each of the statements and arguments in Gap's evidence Nos. 1 and 7.

1) On July 31, 2014, the Defendant entered into a credit card subscription agreement with the Plaintiff and used the said card. As of April 19, 2015, the Defendant’s credit card payment amounting to KRW 3,831,513 (i.e., KRW 74,750, KRW 14,706, KRW 389,432 in lump sum 35,887 in short-term card loans of KRW 2,200,00 in 72,432 in late interest rate of KRW 134,40,00 in late interest rate of KRW 1,10,00 in late interest rate of KRW 20,00 in late interest rate of KRW 20,000 in late interest rate of KRW 1,00 in late interest rate of KRW 20,000 in annual interest rate of KRW 1,100,902, KRW 10,000 in interest rate of KRW 281,25.35% in annual interest rate of KRW 201.36.4.5% in interest rate

3) On July 31, 2014, the Defendant borrowed KRW 50,000,00 from the Plaintiff until July 31, 2019, and entered into a credit transaction agreement with the Plaintiff to lose the benefit of the due date when the interest rate is changed (MOR-based interest rate of 4.75%). The interest rate for delay is set at a rate not exceeding 15% per annum and the interest for delay is at a rate not exceeding 15% per annum. However, the Defendant lost the benefit of the due date due to delinquency in repayment of the principal and interest for installment, and as of April 19, 2015, the Defendant lost the benefit of the due date. As of April 19, 2015, the Defendant paid 52,025,500,000 won (i.e., the principal and interest of KRW 50,000,000, and the interest rate

B. According to the above facts of determination, the Defendant’s totaling KRW 69,346,075, including credit card payments, loans, etc. (= KRW 3,831,513, KRW 13,489,058, KRW 52,025,504) and each agreed delay damages rate from April 20, 2015 to the date of full payment (=1,00,000, KRW 24.9% per annum for the Plaintiff, and KRW 902.