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(영문) 창원지방법원 2016.06.14 2016가단103128
양수금
Text

1. The defendant shall pay to the plaintiff KRW 23,406,598 and KRW 21,717,720 among them, from January 13, 2016 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. On January 6, 2007, the Defendant entered into a credit card use contract with Hyundai Card Co., Ltd. (hereinafter “former Card Co., Ltd.”) and used credit purchasing of goods and services, cash services, credit card loans, etc. Under the credit card member agreement and credit transaction agreement, where a cause of loss of time limit occurs, the Defendant agreed to pay damages for delay calculated on the remaining principal and obligations due to the loss of time limit interest. The Plaintiff entered into a credit card transfer agreement with Hyundai Card Co., Ltd. and notified the Defendant of the fact that the credit card transfer was transferred on December 11, 2015, and the Defendant did not constitute a dispute between the Plaintiff and the total amount of the principal and the credit card Co., Ltd., Ltd. and the total amount of 21,717,720, the total amount of interest and interest, 168, 878, 298, and 259% of the overdue interest rate within the agreed interest rate of 2.5% or more between the Plaintiff and the parties to the instant case.

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the total amount of KRW 23,406,598, and the principal amount of KRW 21,717,720, plus damages for delay calculated at the rate of 24% per annum from January 13, 2016 to the date of full payment.

B. As to this, the Defendant is an individual rehabilitation case as the Changwon District Court No. 2015 [1018].

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