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(영문) 수원지방법원 2015.11.11 2015나16238
신용카드이용대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The text of the judgment of the court of first instance is set forth.

Reasons

1. Facts of recognition;

A. The defendant is using a credit card issued by the plaintiff.

On May 26, 2003, between the Plaintiff and the Plaintiff on May 26, 2003, an exchange-based agreement was concluded between the Plaintiff, which set the principal amount of KRW 22,30,000, interest rate of KRW 22% per annum, 48 months during the repayment period, and 28% per annum.

B. On July 27, 2006, the Defendant filed an application for credit recovery support with the Credit Counseling and Recovery Committee including the principal amount of KRW 21,707,11, interest rate of KRW 2860,511, late 17,511, late 17,52,760, and cost of KRW 67,380, as stated in the [Attached Form] column of the debt settlement plan against the Plaintiff (the total amount of debt before conciliation) and paid 84 times from October 11, 2006 to the Credit Counseling and Recovery Committee (the total amount of KRW 280,401, monthly installment payment) finalized on December 6, 2006.

The amount that the Defendant repaid to the Plaintiff according to the above debt settlement plan is the principal amount of KRW 13,299,836, and cost of KRW 58,884, as stated in the attached Form (the details of appropriation for repayment).

C. According to Article 15(2) of the Credit Counseling and Recovery Support Convention, “in cases where an application for credit recovery support is withdrawn, dismissed, dismissed, or revoked or becomes void under Article 18, the responsibilities of the debtor, the guarantor, etc. shall be recovered in accordance with the obligations as before the application is made.” However, since the Defendant was unable to pay monthly payments from December 6, 2013, the application for credit recovery support became void on October 14, 2014.

Where the validity of the repayment is lost due to the repayment delay or other reasons after the credit recovery support became final and conclusive, the ordinary payment was made until the time of the cause of the loss of validity (the beginning date of the payment delay) and thus the interest deferred during the repayment period shall be collected from the amount calculated by the credit recovery adjustment rate of the Credit Counseling and Recovery Commission, not the overdue interest. However, the interest deferred during the period of credit recovery support by the defendant is 3,005,715 won as stated in the attached Form.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 5, 6 through 9, Eul 1, and the purport of the whole pleadings

2. The Board;

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