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(영문) 서울중앙지방법원 2017.03.21 2016나35856
대여금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 8,091,233 and KRW 4,88,892 among the Plaintiff and the Plaintiff’s KRW 23,70 on July 23, 2015.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a company that issues a credit card to the Defendant pursuant to the agreement on the issuance and use of credit cards. The Defendant is a credit card member that consented in advance to the application of the prescribed basic credit transaction terms and conditions in using the credit card issued by the Plaintiff. 2) The Defendant was granted a loan by setting the Plaintiff at the interest rate of KRW 8 million on September 8, 201 and on September 25, 2013, by using the credit card issued by the Plaintiff.

3) On July 22, 2015, the Plaintiff’s claim status as of July 22, 2015 against the Defendant is as listed in the following table. B [based on recognition] Nos. 1 and 2 of evidence A (including paper numbers, the purport of the whole pleadings)

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 23.7% per annum from July 23, 2015 to the date of full payment, as to the amount of KRW 4,888,892, totaling the principal and interest of the credit card purchase-price claim amounting to KRW 601,960, total interest amounting to KRW 601,960, total interest amounting to KRW 600,600,381) and the amount of unpaid principal.

2. If so, the plaintiff's claim is accepted on the ground of its reasoning, and the judgment of the court of first instance is unfair on the ground of its conclusion, and thus, the plaintiff's appeal is accepted and the defendant is revoked and the above-mentioned amount is ordered to be paid.

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