beta
Text
The defendant's KRW 43,618,009 and KRW 14,094,926 among the plaintiff's KRW 16.0% per annum from June 20, 2018 to the date of full payment.
Reasons
1. Determination as to the cause of claim
(a) The following facts of recognition may be found either in dispute between the parties or in Gap evidence Nos. 1, 2, and 3, together with the purport of the entire pleadings:
1) On March 11, 2009, the Plaintiff entered into a credit card membership agreement with the Defendant and issued a credit card to the Defendant. As of June 19, 2018, the Defendant, as indicated in the table below, delayed payment of the credit card price as stated below. The Plaintiff borrowed KRW 5,00,00,000 to the Defendant on July 7, 2009 at the interest rate of KRW 9% on CD yield, KRW 21% per annum, and KRW 5,00,00,00 per annum, and KRW 5,00 per annum, and KRW 5,00,000 per annum, and KRW 13,080,278, and KRW 30,000 per annum, and KRW 14,09 was additionally loaned to the Defendant on July 10, 2009, KRW 305,000 per annum, the outstanding interest rate of KRW 375,75,785,198,
B. According to the facts found above, the Defendant is obligated to pay damages for delay calculated at the rate of 14.39% per annum for the Plaintiff as to the outstanding principal and interest on credit card arrears amounting to 43,618,009 won (i.e., 31,024,255 won with outstanding principal and interest on loans of 12,593,75 won) and the principal of credit card principal amounting to 14,094,926 won with the agreed interest rate of 16.1% per annum from June 20, 2018 to the date of full payment, and damages for delay calculated at the rate of 14.39% per annum for the outstanding principal and interest on loans from June 20, 2018 to the date of full payment.
2. Judgment on the defendant's assertion
A. The defendant's argument asserts that since the defendant is notified by the Credit Counseling and Recovery Service of approval for credit recovery support, he cannot respond to the plaintiff's claim.
B. Comprehensively taking account of the entries in the evidence No. 1 and the purport of the entire pleadings, the Defendant filed an application for debt settlement (credit recovery support) with the Credit Counseling and Recovery Service on November 1, 2018, which was after the Defendant filed an application for the instant payment order, and the debt settlement plan was finalized on July 20, 2020, and the Defendant’s debt settlement and repayment against the Plaintiff also remains final and conclusive.