logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.10.19 2016나33225
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 12,538,880 among the Plaintiff and KRW 3,335,856 among the Plaintiff’s KRW 12,53,880, Jun. 9, 2015.

Reasons

In full view of the purport of the arguments stated in Gap evidence Nos. 1 through 4, the defendant approved the credit card holders' agreement of Korea Exchange Bank (hereinafter "stock company" in the name of financial institution) around the date and at the same time, agreed to follow the interest rate set by the above bank and was issued a credit card from the above bank. Since the defendant did not pay the principal and interest under the above credit card contract properly, the defendant lost the benefit of the due date and terminated the above contract. The Korea Exchange Bank applied the defendant 3,35,856 won in arrears as of December 6, 2004 including the principal and interest amount of the credit card price 3,347,051 won and the agreed delay damages (24% per annum) to the defendant 4,347,051 as of December 7, 2004, and the court below ruled that the above credit card company was transferred to the defendant 208.6% of the total overdue interest rate of 205% as of July 26, 2005.

According to the above facts, the defendant is obligated to pay to the plaintiff the total amount of KRW 12,538,880 and the principal amount of KRW 3,335,856 from June 9, 2015 to the date of full payment, which is the day following the above calculation base date, the damages for delay calculated by the rate of 24% per annum from June 9 to the day of full payment.

Thus, the plaintiff's claim of this case was filed in order to prevent the completion of extinctive prescription immediately before ten years elapse from the date of the above judgment.

arrow