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1. The defendant shall pay to the plaintiff KRW 39,869,804 as well as KRW 25,165,62 as well as the amount of KRW 25,62 as from March 15, 2016 to the day of full payment.
Reasons
1. Facts of recognition;
A. On January 31, 2007, the Defendant entered into a contract for the issuance and use of credit cards with the Plaintiff, and used it with the national card issued by the Plaintiff.
B. As of March 14, 2016, a credit card payment obligation owed by the Defendant against the Plaintiff by the Defendant as of March 14, 2016 reaches KRW 39,869,804, in total, KRW 25,165,62, interest 14,704,182.
C. The overdue interest rate determined by the Plaintiff is 23.7%.
【Reasons for Recognition: Each entry in Evidence A Nos. 1 and 2, and the purport of the whole pleadings】
2. Determination
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the agreement of 23.7% per annum from March 15, 2016 to the date of full payment with respect to KRW 39,869,804 with credit card payment and the principal amount of KRW 25,165,622.
B. On January 10, 2014, the defendant asserted that the defendant cannot respond to the plaintiff's claim since he applied for the individual rehabilitation procedure as Seoul Central District Court 2014da6063. However, according to the purport of the whole pleadings, the defendant filed an individual rehabilitation application with the Seoul Central District Court 2014da6063, but the defendant was dismissed on October 15, 2015. The defendant filed an appeal for subsequent completion with the Seoul Central District Court 2016Ra90, which was dismissed on May 20, 2016. The above decision was final and conclusive at that time. Thus, the defendant's argument that the defendant is not obligated to pay the card price to the plaintiff on the ground of the application for individual rehabilitation is without merit.
3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.