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(영문) 서울동부지방법원 2015.07.17 2015가단17976

신용카드이용대금 등

Text

1. The defendant shall pay to the plaintiff KRW 26,722,33 as well as KRW 23,200,00 among them, from March 12, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On March 19, 2013, the Plaintiff loaned KRW 28 million to the Defendant on March 19, 2013, and agreed on March 19, 2014 on the expiration date of the loan (at this time, extended to December 19, 2014), the interest rate shall be 3.3% (8.64%) of the balance-based COFIX standard interest rate, and the delay compensation rate shall be the rate determined by the Suhyup (at the rate of 6% per annum if the delayed period is less than one month from the date of delinquency, 7% per annum if the delayed period is less than one month, 3 months, and 8% per annum if the delayed period exceeds 17% per annum; and at the highest rate of 17% per annum if the loan interest rate exceeds the highest rate, 2% per annum shall be added to the loan application rate; and at the expiration date of the loan period in full.

B. After paying interest until June 18, 2014, the Defendant lost the benefit of time as of July 25, 2014 due to delay in payment of interest, and lost the benefit of time as of July 25, 2014. The remainder of the loan amount of KRW 23,200,000, interest and overdue interest of KRW 2,485,227 due to unpaid interest was lost the benefit of time. The final application rate of the agreed-upon interest rate of March 12, 2015 is 8.321% per annum and 16.321% per annum.

C. Meanwhile, on the other hand, the Defendant: (a) prepared an application for the subscription to the Suhyup Credit Card; and (b) obtained and delayed payment from July 24, 2014; (c) unpaid KRW 891,350 as of the filing date of the instant lawsuit ( March 19, 2015); and (d) unpaid interest rate in arrears under the Plaintiff’s Credit Card Business Regulations is 27% per annum.

[Grounds for recognition] Evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts of determination, the defendant calculated the interest rate of 27% per annum, which is the overdue interest rate of 16.321% per annum, from March 12, 2015 to the date of full payment, as to the amount of KRW 26,722,33 of loans, and the amount of KRW 23,200,00, which is the remainder of loans, from March 12, 2015 to the date of full payment, and the amount of KRW 891,350 per annum per annum, which is the overdue interest rate of KRW 27% per annum, from March 12, 2015 to the date of full payment.