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(영문) 서울북부지방법원 2015.07.24 2014가단128783
양수금
Text

1. The defendant shall pay to the plaintiff KRW 27,085,585 and KRW 21,828,256 among them, from April 28, 2015 to the date of full payment.

Reasons

1. In full view of the purport of each statement in Gap evidence Nos. 1 through 11 as to the cause of the claim, the defendant entered into a credit card use agreement with Hyundai Card Co., Ltd. (hereinafter "on-site card"). In the event of a cause of loss of the term under the credit card member agreement or credit transaction agreement, the defendant agreed to lose the term profit and to pay damages for delay calculated on the basis of the rate of delay for all the remaining principal and all the obligations related thereto at once. The plaintiff entered into a contract with Hyundai Card on January 27, 2006. Hyundai Card Co., Ltd. on July 17, 2014. Hyundai Card Co., Ltd. notified the Defendant of the transfer of the credit card by July 26, 2014. The defendant paid KRW 49,236,230 won to Hyundai Card Co., Ltd. by May 26, 2014. The defendant's debts unpaid until April 27, 2015 can be acknowledged as 27,085 won.

According to the above facts, the defendant is obligated to pay to the plaintiff 27,085,585 won and 21,828,256 won with 24% interest per annum under the agreement from April 28, 2015 to the date of full payment.

2. The Defendant’s argument regarding the Defendant’s assertion argues that the Defendant owed all obligations on the Hyundai Card, but as seen earlier, the Defendant’s repayment of the amount that the Defendant paid is appropriated for the interest, transaction fees, and partial principal, and the unpaid obligation remains as described in paragraph (1). Therefore, the Defendant’s argument is without merit.

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

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