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(영문) 서울중앙지방법원 2020.04.21 2020가단5017576
대여금
Text

1. The defendant shall pay to the plaintiff KRW 56,613,440 and KRW 30,134,838 among them, per annum from December 4, 2019 to the day of full payment.

Reasons

Facts of recognition

On June 12, 2007, the Defendant concluded a contract to use credit cards with the Plaintiff and used the Plaintiff’s credit cards from that time.

On February 5, 2015, the Defendant borrowed KRW 15,000,000 from the Plaintiff as of August 23, 2017.

As of December 3, 2019, the Defendant’s debt balance of the Defendant’s credit card use-price against the Plaintiff is KRW 35,545,212 (principal KRW 18,84,838, interest KRW 16,60,374). The Defendant’s debt balance of the Defendant’s loan to the Plaintiff is KRW 21,068,228 (principal KRW 11,250,00, interest KRW 9,818,228).

[Ground of recognition] According to the facts that there is no dispute between the parties, each entry of Gap evidence Nos. 1 through 4, and the judgment of the court below as to the ground for a claim as to the purport of the entire pleadings, the defendant is obligated to pay to the plaintiff the agreed delay damages calculated at each rate of 23.7% per annum from December 4, 2019 to the date of full payment, which is the following day of the above base date, to the plaintiff as to the principal amount of KRW 56,613,440 and KRW 30,134,838 (= KRW 11,250,00).

In conclusion, the plaintiff's claim is justified and accepted.

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