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(영문) 서울중앙지방법원 2017.01.25 2016가단5293915
신용카드이용대금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 33,656,679 and KRW 32,468,449 among them, from September 20 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. According to the evidence evidence Nos. 1 through 3, the Defendant entered into a contract for the use of credit cards with the Plaintiff on April 17, 2013 and obtained credit cards from the Plaintiff, and the balance of the principal and interest on the liability for the use of credit cards as of September 19, 2016 (= Principal KRW 32,468,449; KRW 1,188,230) and the rate of delay damages is 27.9% per annum.

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay at the agreed rate of 27.9% per annum from September 20, 2016 to the date of full payment, which is the day following the start-up day of the final damages for delay, with respect to KRW 33,656,679 and KRW 32,468,449.

2. The defendant's claim is in progress of the bankruptcy procedure (Seoul Central District Court 2016Hadan730) against the defendant, so the plaintiff's claim is unjust.

However, there is no evidence to prove that the adjudication of bankruptcy was made against the defendant before the conclusion of the pleadings in this case, and since the plaintiff's litigation was not prohibited or suspended solely on the ground that the defendant filed a petition for bankruptcy, the defendant's assertion

3. Full acceptance of the Plaintiff’s claim

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