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(영문) 서울중앙지방법원 2016.07.12 2015가단5315085
신용카드이용대금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 24,143,432 and KRW 22,636,797 among them, from July 11, 2015 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. On June 9, 1995, the Defendant entered into a bank credit card membership agreement with the Plaintiff, and agreed to pay interest for delay calculated at the rate of 28% per annum when overduely paying the credit card amount.

As of July 10, 2015, the Defendant is liable for the credit card payment amount of KRW 24,143,432, the sum of the principal amount of KRW 22,636,797, interest and incidental debt of KRW 1,506,635.

[Ground of recognition] Unsatisfy, Gap evidence No. 1-4, the purport of the whole pleadings

B. The Defendant is obligated to pay the Plaintiff the credit card price of KRW 24,143,432 and the principal of KRW 22,636,797, which is the following day of the above base date, to the Plaintiff at the rate of 28% per annum from July 11, 2015 to the date of full payment.

2. The Defendant’s argument on the Defendant’s assertion is alleged to the effect that the credit card price is more than KRW 9 million and the remainder is the amount borrowed through a marina loan, and thus, the overdue interest rate should be applied differently. However, according to the evidence above, the Defendant’s assertion is rejected, since 24,143,432 won can be acknowledged as a fact that the credit card price is the amount calculated only.

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