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(영문) 인천지방법원 2017.07.11 2017가단206211
신용카드이용대금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 46,969,858 and KRW 34,940,483 among them, from November 5, 2016 to the day of full payment.

Reasons

Comprehensively taking account of the purport of the entire argument in the statement in subparagraph 1-1 through 3 of the evidence No. 1-3, the fact that a credit card use contract was concluded between the original and the defendant, such as the entry of the grounds for the claim ("creditor"," and "debtor", "the defendant", and the plaintiff's credit card payment claim can be acknowledged.

Therefore, the Defendant is obligated to pay to the Plaintiff interest or delay damages calculated by the agreement of 15% per annum for KRW 46,969,858 and KRW 34,940,483 from November 5, 2016 to the date of full payment.

On this issue, the defendant asserts to the effect that the plaintiff cannot respond to the claim because it is scheduled to apply for individual rehabilitation.

However, there is no evidence to prove that the defendant applied for individual rehabilitation, and the circumstance that the application for individual rehabilitation was filed or to be filed cannot be a ground to reject the plaintiff's claim. Therefore, the defendant's above assertion cannot be accepted.

In the end, the plaintiff's claim is justified, and it is decided as per Disposition.

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