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(영문) 창원지방법원 2016.07.14 2016가단105995
양수금
Text

1. The defendant shall pay to the plaintiff KRW 25,965,213 and KRW 25,077,590 among them, from February 19, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 26, 2010, the Defendant concluded a credit card use agreement by using a credit card issued by the Defendant to purchase credit of goods and services, cash service, card loan, etc., and performing obligations therefrom.

B. After using a credit card issued by Hyundai Card, the Defendant did not perform its obligation of KRW 25,077,590 for the remaining principal. As of February 18, 2016, the unpaid interest of KRW 744,760, delay damages of KRW 109,341, unpaid fees of KRW 35,522, and delay damages rate of KRW 24% is 24%.

C. On January 27, 2016, the Plaintiff entered into a bond transfer agreement with the Hyundai Card, received claims against the Defendant on January 31, 2016, and on February 2, 2016, Hyundai Card notified the Defendant of the transfer of claims.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 6 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the agreed damages for delay calculated at the rate of 24% per annum from February 19, 2016 to the date of full payment, as to KRW 25,965,213 and the principal amount of KRW 25,07,590.

Although the defendant asserts that the defendant cannot repay the above debt by filing an application for individual rehabilitation, it does not affect the plaintiff's filing a lawsuit claiming payment of credit card price claims only by the application for commencement of rehabilitation procedure, the defendant's above assertion cannot be accepted.

Thus, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning.

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