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(영문) 수원지방법원안산지원 2015.01.30 2014가단110587
신용카드이용대금
Text

1. The defendant shall pay to the plaintiff KRW 26,137,970 and KRW 23,879,545 among them, from April 16, 2014 to the day of full payment.

Reasons

1. According to the evidence Nos. 1 through 4 of the judgment as to the Plaintiff’s assertion of the cause of claim, the facts stated in the separate sheet can be acknowledged. Thus, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 29.9% per annum, which is the agreed interest rate, from April 16, 2014, to the date of full payment, with respect to the total amount of interest and interest on the card use amount of KRW 26,137,970 and the principal amount of KRW 23,879,545, except in special circumstances.

2. As to the judgment on the Defendant’s assertion, the Defendant alleged that the Defendant was declared bankrupt as the Suwon District Court Decision 2014Hadan2207, and as to the application for immunity as the same court 2014Ma2207, the Plaintiff’s assertion is groundless. However, even if the Defendant filed each application for adjudication of bankruptcy and exemption, as long as the Defendant became final and conclusive as a bankruptcy claim and is listed in the bankruptcy creditor list or the immunity decision is not final and conclusive, the Defendant does not cause any restriction on the exercise of rights in the obligee’s lawsuit or are not exempted from liability.

On the other hand, there is no evidence to acknowledge that the decision to grant immunity to the defendant was made by the date of the closing of argument in this case. Thus, the defendant's argument to the same purport is without any need to further examine the remaining points.

3. The plaintiff's claim for conclusion is justified and acceptable.

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