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(영문) 대전지방법원천안지원 2014.11.13 2014가단107341
양수금
Text

1. The defendant shall pay to the plaintiff KRW 24,605,783 and KRW 20,427,090 among them, from June 13, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Defendant concluded an agreement with Hyundai Card Co., Ltd. (hereinafter “On-site Card”) to use credit purchase of goods and services, cash services, card theory, etc. using the issued credit card, and agreed to perform the relevant obligations by complying with the agreement and the terms and conditions of its members. In the event of a cause of loss of profits under the credit card member agreement or credit transaction agreement, the Defendant lost the benefit of time and agreed to pay damages for delay calculated by adding up the fixed rate of damages for delay for all obligations related to the remaining principal and all obligations.

B. The Defendant lost the benefit of time due to the failure to perform the obligation under the above agreement.

C. On January 27, 2006, the Plaintiff entered into an agreement on the transfer of claims with the Hyundai Card, and the Plaintiff received the claim on May 31, 2014, and the Hyundai Card notified the Defendant of the transfer of claims on June 3, 2014.

As of June 12, 2014, the details of claims held by the Plaintiff against the Defendant are KRW 24,605,783 in total as follows:

1) The unpaid principal 20,427,090 Won 2) the unpaid principal 294,537 Won 3,841,204 Won 4) the unpaid principal 42,652 5 annual fee and other 300 won.

E. The Plaintiff’s interest rate for delay is 24% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. If so, the Defendant is liable to pay to the Plaintiff damages for delay at the rate of 24% per annum from June 13, 2014 to the date of full payment, with respect to KRW 24,605,783 as well as KRW 20,427,09 as principal.

3. citing the Plaintiff’s claim for conclusion

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