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(영문) 인천지방법원 2019.10.30 2019가단249625
신용카드이용대금
Text

1. The defendant shall pay to the plaintiff KRW 78,010,230 and KRW 42,473,254 among them, from June 4, 2019 to the day of full payment.

Reasons

The Defendant, upon filing an application for membership with the Plaintiff and obtaining a credit card on January 26, 2015, lost all the benefit of the time limit for the use of the credit card from delay of the credit card on or around January 26, 2015, and the Defendant’s payment for the use of the credit card as of June 3, 2019 may be recognized by comprehensively taking into account the following arguments: (a) the fact that the amount of the use of the credit card in arrears as of June 3, 2019 was the principal amounting to KRW 42,473,254, interest 36,541, interest 31,890,435, and the agreed interest rate of KRW 78,010,230, and the agreed interest rate of KRW 15% per annum; or (b) there is no

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum, which is the agreed interest rate of 15% from June 4, 2019, with respect to the total amount of KRW 78,010,230 as of June 3, 2019 and the principal amount of KRW 42,473,254 as of the base date to the date of full payment.

In this regard, the defendant asserts that it is in progress of individual rehabilitation by the Incheon District Court 2017da36475, but the debtor's application for individual rehabilitation does not have any legal effect immediately. Thus, the defendant's argument is without merit.

Thus, the plaintiff's claim of this case is justified, and this is accepted.

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