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(영문) 수원지방법원 성남지원 2017.03.24 2016가단226249
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 23,719,160 as well as KRW 22,566,96 among them, from September 30, 2016 to the day of full payment.

Reasons

The Defendant entered into a credit card use agreement with Hyundai Card Co., Ltd., but the Defendant lost the benefit of time by failing to pay the credit card price, etc., Hyundai Card Co., Ltd., notified the Plaintiff of the transfer of the claim against the Defendant, and the amount of the claim against the Defendant as of September 29, 2016, is recognized as the same as the attached sheet.

Therefore, the defendant is obligated to pay to the plaintiff 23,719,160 won and 22,566,966 won and damages for delay calculated at the rate of 29% per annum from September 30, 2016 to the date of full payment.

The defendant asserts that the highest interest rate should be limited to 25% per annum in accordance with the Interest Limitation Act.

However, Hyundai Card Co., Ltd. is not only subject to the Act on Registration of Credit Business, etc. and Protection of Finance Users, but also subject to the Act on Interest Limitation at the time of 1999, which the Defendant entered into a credit card use agreement with Hyundai Card Co., Ltd., and did not exist since then. Even if the Act on Interest Limitation (No. 8322) enacted on March 29, 2007 and Article 2(1) of the Interest Limitation Act enacted on June 28, 2007 (Presidential Decree No. 20118, Jun. 11, 2014) are applicable to the highest interest rate under Article 2(1) of the Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 28, 2014), the highest interest rate is 30% per annum. Thus, the Defendant’s assertion cannot be accepted.

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