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(영문) 대구지방법원 서부지원 2017.02.07 2016가단56179
신용카드이용대금
Text

1. The Defendant shall pay to the Plaintiff KRW 22,249,825, as well as KRW 21,490,230 among them, from May 4, 2016 to the date of full payment.

Reasons

In full view of the purport of the arguments in Gap evidence Nos. 1 through 6, the defendant entered into a credit card use contract with the plaintiff. On December 15, 2015, the defendant's principal to be paid monthly is 805,098 won (the principal to be paid monthly in December 2015 plus 6,000 won for basic annual membership fee, 4,000 won for annual membership fee, 12,500 won for annual membership fee, and 12,500 won for other fees) as of December 15, 2015; the remaining amount after the settlement is 20,489,530 won; the principal amount to be paid monthly as of January 15, 2016 is 2,29,328,308,400 won for annual interest rate of 12,500 won for the plaintiff; and the defendant lost its principal amount to be paid as of December 16, 2015.

According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 22,249,825 (i.e., the principal amount of KRW 22,295,328 - the amount of KRW 805,098 - the late payment charge of KRW 112,944 - the late payment charge of KRW 112,944 - the principal amount of KRW 646,651) and damages for delay calculated by the rate of 24% per annum from May 4, 2016 to the date of full payment, which is the day following the date of calculating the late payment

In this regard, the defendant asserts that the amount stated in the statement of user fee received from the plaintiff in February 2016 is different from the amount claimed by the plaintiff.

According to the statement in Eul evidence No. 1, the principal to be settled in February 2016 is deemed to have been stated in the statement of the use price in February 2016 as KRW 238,716, and the amount after settlement as KRW 20,170,427, but in full view of the evidence and the whole purport of the arguments, the principal to be settled in the above month is not the card amount newly used by the defendant, but the card loan and installment purchase used by the defendant.

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