(영문) 수원지방법원 2018.06.22 2018가단508065

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(영문) 수원지방법원 2018.06.22 2018가단508065

신용카드이용대금

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1. The defendant shall pay to the plaintiff KRW 39,40,234 and KRW 26,456,053 among them, from January 3, 2018 to the date of full payment.

Reasons

1. In full view of the purport of each statement in Gap evidence Nos. 1 through 4 as to the cause of the claim, the defendant entered into a credit card membership agreement with the plaintiff, obtained credit cards from the plaintiff, and used them, and the defendant's use of the credit card by January 2, 2018 shall be 39,40,234 won [The defendant's payment of the credit card user by January 2, 2018 [the total amount of KRW 38,815,852 [the amount of the principal = KRW 26,456,053 temporary payment of KRW 11,235,568 cash services of KRW 11,124,231], and the late payment rate determined by the plaintiff shall be 24.5% per annum in accordance with the credit card use method, KRW 23.5% per annum in lump sum, and KRW 27.6% per annum in cash services.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at each rate of 27.6% per annum from January 3, 2018, the day following the date of calculation of the final damages for delay to the day of full payment, 24.5% per annum for the principal (temporary payment) 1,235,568 won, 23.5% per annum from January 3, 2018 to the day of full payment, 11,124,231 won per annum for the principal (cash service) from January 3, 2018 to the day of full payment, and 27.6% per annum for the principal (cash service) from January 3, 2018 to the day of full payment.

2. The defendant's assertion argues that the defendant's application for individual rehabilitation will make repayment in the individual rehabilitation procedure.

According to the facts and the purport of the entire argument in this court, the Defendant’s application for individual rehabilitation is recognized as having been filed with the Suwon District Court No. 2018da1001807, but on the other hand, the Defendant’s decision to dismiss the above application for individual rehabilitation was made on April 17, 2018 and confirmed on April 24, 2018, and thus, the Defendant’s above assertion is rejected without need to further examine.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

유사 판례

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