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(영문) 의정부지방법원고양지원 2015.07.22 2015가단76823
신용카드이용대금
Text

1. The defendant shall pay to the plaintiff KRW 23,828,369 and KRW 23,558,62 from March 7, 2015 to the day of full payment.

Reasons

1. In full view of the fact that there is no dispute over the cause of the claim, and the purport of the entries and arguments in Gap evidence Nos. 1 through 4, the defendant entered into a credit card use contract with the plaintiff on July 31, 1997 on the 5th day of each month, and the agreed interest rate on delayed payment as prescribed by the plaintiff. The defendant lost the benefit of time due to delay in payment of the credit card fee from February 6, 2015. As of March 6, 2015, the plaintiff did not pay the principal amount of KRW 23,558,62, the cash service and card loan together with the principal amount of KRW 164,681, the overdue interest rate of KRW 105,066, the fact that the plaintiff did not pay the overdue interest rate of KRW 29.9% per annum.

Therefore, according to the above facts, the defendant is obligated to pay to the plaintiff the total amount of 23,828,369 won, including commission and late payment charge, and damages for delay calculated at the rate of 29.9% per annum, which is the agreed interest rate from March 7, 2015 to the day of full payment, to the day of full payment.

2. The defendant's assertion is alleged to the purport that the defendant cannot respond to the plaintiff's claim because the current bankruptcy and exemption procedure is in progress. However, the defendant's above claim is not extinguished or postponed because the defendant's above obligation against the plaintiff merely because the defendant's grounds asserted.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is justified.

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