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(영문) 인천지방법원 2018.06.27 2018가단219016
신용카드이용대금
Text

1. The defendant shall pay to the plaintiff KRW 31,595,592 and KRW 25,606,038 from March 24, 2018 to the day of full payment.

Reasons

The Defendant’s credit card usage claim as of March 23, 2018 is either a dispute between the parties or a dispute between the parties, or a credit card user’s claim as of March 23, 2018 is based on the following: (a) the Defendant purchased goods, etc. or received cash services and credit card loans; and (b) the Defendant’s credit card usage charge claim as of March 23, 2018 is not a dispute between the parties, or may

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 22.4% per annum under the agreement with respect to KRW 31,595,592, and KRW 25,606,038, which is the following day of the above base date, from March 24, 2018 to the date of full payment of KRW 23.5% per annum under the agreement with respect to KRW 5,00,000, which is the day following the above base date, from March 24, 2018 to the date of full payment.

As to this, the defendant asserts that the plaintiff cannot respond to the plaintiff's claim since he/she applied for bankruptcy and exemption including the plaintiff's claim, the defendant filed a petition for bankruptcy with the Incheon District Court 2018Hadan512 on February 20, 2018 is significant in this court. However, the fact that the defendant withdrawn the above application on May 9, 2018 is significant in this court, and as long as the defendant revoked it after filing a petition for bankruptcy, the above petition for bankruptcy cannot affect the litigation procedure of this case. Thus, the defendant's argument in this part is without merit.

Therefore, the plaintiff's claim is justified and it is so decided as per Disposition.

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