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(영문) 광주지방법원 2016.01.13 2015가단525785
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 23,707,911 as well as KRW 22,611,859 as to the Plaintiff from September 4, 2015 to the day of full payment.

Reasons

1.The following facts may be acknowledged, either in dispute between the parties or in full view of the respective entries and arguments set forth in Gap evidence 1 to 7:

On October 8, 2013, the Defendant concluded a credit card use agreement with Hyundai Card Co., Ltd. (hereinafter “Modern Card”) and used the credit card issued from Hyundai Card since that time.

B. On August 31, 2015, the Plaintiff received a credit card use fee claim against the Defendant from the Hyundai Card, and on September 3, 2015, Hyundai Card notified the Defendant of the assignment of the credit, and the notification reached the Defendant around that time.

C. As of September 3, 2015, the Defendant did not pay the credit card use price of KRW 23,707,91 in total, including principal KRW 22,61,859, interest KRW 771,287, and interest KRW 324,765, as of September 3, 2015.

The overdue interest rate of the Hyundai Card was changed from February 1, 201 to 24% per annum from February 1, 2011 to 29.9% per annum.

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 24% per annum on September 4, 2015, with respect to the total amount of KRW 23,707,911 as of September 3, 2015 and the principal amount of KRW 22,61,859, which was paid as of September 3, 2015, as of the foregoing base date, within the agreed interest rate of KRW 24% per annum that the Plaintiff seeks.

B. The Defendant’s assertion 1) Although the Defendant asserted that the remainder of the obligation except for KRW 15,631,782 was repaid, it is difficult to acknowledge it only by the evidence submitted by the Defendant, and there is no other evidence to acknowledge it. The Defendant’s assertion is without merit. 2) The Defendant asserts that it is unreasonable to claim damages for delay calculated at the rate of 24% per annum since the “legal interest” was reduced to 15% per annum from October 1, 2015, and thus, it is unreasonable to claim damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

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