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(영문) 서울서부지방법원 2016.07.19 2016가단219726
신용카드이용대금
Text

1. The defendant shall pay to the plaintiff KRW 21,548,485 and KRW 20,955,500 from April 23, 2016 to the date of full payment.

Reasons

1. In addition to the purport of the entire pleadings in the evidence No. 1 through No. 4, the Defendant, while using the credit card issued by the Plaintiff in lump sum or in installment, bears the Plaintiff’s obligation of KRW 21,548,485 as of April 22, 2016 (including KRW 31,632 in lump sum payment, KRW 20,95,50 in installments, KRW 1,039 in lump sum payment, KRW 5,039 in lump sum payment, KRW 560,314 in lump sum payment. According to the Plaintiff and the Defendant’s credit card transaction agreement, the Defendant may recognize the Plaintiff as follows: (a) the rate of delay damages for the use of the credit card in lump sum payment; and (b) the rate of delay damages for the use of the card in installments payment is KRW 23.5% per annum.

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay based on each agreed rate of 23.5% per annum for KRW 20,955,500, out of KRW 21,548,485 and KRW 20,955,50 from April 23, 2016 to the date of full payment, and for KRW 31,632, whichever is 23.5% per annum for damages for delay.

(1) The defendant, upon receipt of the duplicate of the complaint of this case, filed an application for individual bankruptcy and exemption from liability with the Seoul Central District Court Decision 2016Hadan3604, 2016Ma3604, the date of pleading has been postponed until the date of the decision. However, the plaintiff's application for bankruptcy and exemption from liability does not constitute a ground for rejecting the plaintiff's claim, and the defendant shall enter the amount of the plaintiff's claim of this case in the list of creditors of the bankruptcy case. 3. The plaintiff's claim for conclusion is with merit, and it is so decided as per Disposition.

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