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(영문) 수원지방법원안양지원 2014.05.29 2014가단101260
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 68,076,097 and KRW 30,023,635 among them, from February 10, 2014 to the day of full payment.

Reasons

1. Determination on the cause of the claim

A. In light of the facts without dispute, Gap evidence 1, Gap evidence 2-1, Eul evidence 2-3-1, Gap evidence 4-1, Eul evidence 4-2, Gap evidence 5-1 through 6-6, the defendant concluded a loan agreement and a credit card transaction agreement with the creditor financial institutions listed in the attached Table [Attachment], and used a credit card. The defendant lost the benefit of time due to the failure to pay the loan and credit card fee within the due date for repayment of the loan and credit card use under the above agreement, and paid damages for delay calculated in accordance with the above financial institution's fixed interest rate from the date of loss of the loan balance and the due date until the day of full payment, and calculated the interest and interest rate in accordance with the agreement of financial institutions and the plaintiff's interest rate in arrears from the date of loss of the due date to February 9, 2014 [Attachment], and the fact that the plaintiff acquired the above loan and interest rate in the non-party 1 (the non-party 4 interest rate in arrears) by the financial institution or the plaintiff's interest rate in arrears.

B. Therefore, the Defendant sought payment of damages for delay from February 10, 2014 (the Plaintiff sought payment of damages for delay from February 9, 2014 to February 9, 2014, on the following grounds: (a) KRW 68,076,023,635 (the total principal of the loan was 37,943,027 KRW 109,435 Won); and (b) KRW 30,023,635 won (the Plaintiff is deemed to have been included in KRW 68,076,097 won).

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