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(영문) 수원지방법원안산지원 2016.04.06 2015가단31032
대여금 및 신용카드이용대금
Text

1. The defendant shall pay to the plaintiff KRW 3,00,287 and KRW 29,679,436 among them, from September 14, 2015 to the day of full payment.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 through 6 (including paper numbers), and there is no counter-proof.

On July 31, 2009, the Defendant borrowed from the Plaintiff KRW 30,00,00 from the Plaintiff on July 31, 2009 the due date for repayment; the interest rate on July 31, 2010; the “base interest rate of 2.92%”; the “interest rate of 9%” if the overdue period is more than three months; and the legal procedure costs for securing the obligation upon loss of the due date are also due under an agreement to reimburse. However, the Defendant lost the interest due date by failing to reimburse the extended due date on July 31, 2015. As of September 13, 2015, if both the principal, interest, delay damages, and legal procedural costs are combined, the principal is KRW 30,236,169; the principal is 29,679,436 won; and the agreed interest rate of delay damages is 21% per annum.

B. The Defendant also concluded a bank credit card contract with the Plaintiff on March 28, 200 and December 1, 2009 and used two credit cards from the Plaintiff. As of September 13, 2015, the principal and overdue interest of the unpaid credit card payment and legal procedural expenses are KRW 2,764,118, and the principal is also KRW 2,260,620 (= KRW 2,167,620) and the agreed interest rate is KRW 21.9% per annum.

2. According to the above facts, the Defendant is obligated to pay to the Plaintiff the agreed interest rate of KRW 33,00,287 (=30,236,169, KRW 2764,118) and the agreed interest rate of KRW 29,679,436 from September 14, 2015, which is the day following the base date for calculating the principal and interest, to KRW 21% per annum, KRW 2,260,620 per annum, which is the agreed interest rate of KRW 21.9% per annum, and damages for delay calculated from September 14, 2015 to the day of full payment, from September 14, 2015, which is the day following the base date for calculating the principal and interest.

Therefore, the plaintiff's claim of this case seeking its implementation is accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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