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(영문) 서울중앙지방법원 2015.10.28 2015가단5114183
신용카드이용대금
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 53,931,388 and KRW 42,977,949 from April 24, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On May 7, 2013, the Defendant entered into a credit card use contract with the Plaintiff and obtained credit cards (credit card No. B). On April 23, 2015, the principal and interest on the use of the said credit card unpaid as of April 23, 2015 (i.e., principal amount of KRW 47,97,949, KRW 9,760,792). The overdue interest rate after April 24, 2015 is 23.7% per annum.

B. On November 29, 2013, the Defendant borrowed KRW 5,000,000 from the Plaintiff as the subject of the card transfer loan. As of April 23, 2015, the total sum of the outstanding interest and interest on the card transfer loan as of April 23, 2015 (= Principal KRW 5,000,000, KRW 1,192,647). The interest rate in arrears after April 24, 2015 is 23.7% per annum.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3, purport of whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 23.7% per annum, 23.7% per annum, from April 24, 2015 to the date of final calculation of interest, with respect to the payment of the credit card and the total amount of interest on the credit card payment of KRW 53,976,388 (i.e., the credit card payment of KRW 47,783,741 (i.e., KRW 6,192,647) and the total amount of each principal (i., the principal of the credit card payment of KRW 37,977,949 (i.e., the principal of the credit card payment of KRW 37,977,949).

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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