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(영문) 인천지방법원 2016.07.26 2015가단235918
약정금
Text

1. The defendant shall pay to the plaintiff KRW 55,800,000 among the costs and KRW 5,000,000 from February 1, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 30, 2014, the Defendant drafted three monetary loan contracts with the Plaintiff respectively, and the main contents of each contract are as follows:

1) On November 30, 2014, the Plaintiff determined that KRW 2,00,000 per month interest rate of KRW 1% per month, interest rate of delayed interest rate of KRW 25% per annum, and due date of repayment of payment on December 25, 2014 (in accordance with the business schedule, anticipated a postponement by January 31, 2015) and lent to the Defendant (hereinafter “first contract”).

(2) On November 30, 2014, the Plaintiff determined and lent KRW 3,00,000 to the Defendant at an interest rate of 1% per month, annual interest rate of 25% per annum, and due date of repayment on December 25, 2014 (the forecast of postponement by January 31, 2015 according to the business schedule).

(3) The Plaintiff and the Defendant entered into a monetary loan agreement with the Defendant using cash and card (hereinafter “third contract”). As to November 30, 2014, the Plaintiff and the Defendant entered into a loan agreement with the term “50,300,000 won for loans, interest rate of 1% per month, interest rate of 25% per annum, and period of repayment of 25 December 25, 2015” (hereinafter “third contract”).

(B) On September 14, 2015, the details of the loan are as shown in the attached Form (Article 11 of the aforementioned Agreement). The Plaintiff filed a lawsuit against the Defendant and Nonparty C seeking the payment of the user fee for the credit card on the ground that “the Plaintiff’s credit card is used and the user is not repaid.” On December 30, 2015, the Plaintiff voluntarily withdrawn the lawsuit against Nonparty C, and on February 24, 2016, the instant lawsuit was filed with the Defendant on the claim against the Defendant. As such, the Plaintiff filed a claim for the refund of the user fee since the Defendant used the card without permission from December 3, 2013 to March 21, 2014.

Of them, the portion used in 2013 is a separate contract form and is in civil procedure, excluding the portion used in civil procedure;

The sum is KRW 16,413,784, which is 4,121,620 (user D) and the remaining 12,03,364 won less E intended use of KRW 258,80.

“The purport and cause of the claim” is the purport of the claim.

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