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(영문) 전주지방법원 2016.06.22 2015가단3145
대여금등
Text

1. The defendant 35,320,835 won to the plaintiff and the plaintiff

A. Of them, 29,935,088 won shall be fully repaid from December 9, 2014.

Reasons

1. Facts of recognition;

A. The Defendant entered into a credit transaction agreement with the Plaintiff and received each loan from the Plaintiff.

At the time of the conclusion of the above credit transaction agreement, the defendant approved that the basic terms and conditions of the plaintiff's bank credit transaction apply, and the damages for delay decided to follow the compensation rate for delay set by the plaintiff. The compensation rate for delay determined by the plaintiff is 15% per annum.

B. On July 25, 2011, the Plaintiff entered into a credit card transaction agreement with the Defendant, approved that the Plaintiff’s standard terms and conditions for personal member with credit card holders apply, and agreed to bear the overdue charge determined by the Plaintiff in the event of delinquency in paying credit card bills. The rate of overdue charge determined by the Plaintiff is 27% per annum for the amount of temporary payment and 25% per annum for the amount of installment payment.

C. The Defendant did not pay the principal and interest stipulated in the agreement as to each of the above obligations and lost the benefit of time. As of December 8, 2014, the Defendant’s obligation against the Plaintiff is as follows:

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11 (including additional number), the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum with respect to ① 4,949,625 won of the principal and interest of loans and the principal of the loans from December 9, 2014 to the date of full payment; ② as to KRW 27,159,520 of the principal and interest of loans and the principal of the loans, ② as to KRW 25,585,08 of the principal and interest of the loans, 15% per annum from December 9, 2014 to the date of full payment; ③ as to KRW 3,211,690 of the credit card usage fees and KRW 151,127 of the amount of temporary payment; as to KRW 27% per annum from December 9, 2014 to the date of full payment; as to KRW 25,585,08 of the principal of the loans, 206% per annum from the date of full payment.

3. The plaintiff's claim is justified.

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