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(영문) 창원지방법원진주지원 2020.04.22 2018가단6996
신용카드이용대금
Text

1. The Defendant’s annual interest in KRW 88,30,000 and KRW 81,800,000 among the Plaintiff, from September 1, 2018 to November 14, 2018.

Reasons

1. According to each of the statements and arguments in Gap evidence Nos. 1 through 4 (including the virtual number) as to the cause of the claim, the defendant made money transactions with the plaintiff's mother C several times, and the defendant, on April 24, 2018, prepared a loan certificate with the purport that the plaintiff will pay KRW 90,000,000 each day to the plaintiff on April 24, 2018 (hereinafter "the first loan certificate"), 6,50,000 from May 25, 2018, to pay KRW 20,000 each month (hereinafter "the second loan certificate"), and the defendant may recognize the fact that he did not pay the above loan to the plaintiff on or after August 31, 2019, and the defendant received KRW 80,000 from the defendant as the person who received the repayment.

Therefore, barring any special circumstance, it is reasonable to view that the meaning of the phrase “to be punished at any time when deposit should not be made” as stated in the first evidence of loss of benefit of time is the purport of loss of benefit of time.

The defendant asserts that the plaintiff appropriated 81,80,000,000 won for the principal of the first-use loan debt of KRW 81,80,000 for the remainder of the principal of the second-use loan debt of KRW 81,80,000 for the principal of the second-use loan and the remainder of the principal of the first-use loan of KRW 81,80,000 for the principal of the first-use loan, and the defendant does not dispute this.

(i) With respect to KRW 90,00,000 - KRW 8,200,000 as the Plaintiff seeks, 5% per annum under the Civil Act from September 1, 2018 following the last repayment date to November 14, 2018 when the original copy of the instant payment order was served on the Defendant, and 15% per annum under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from the following day to May 31, 2019; and 12% per annum under the provisions on special cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 201); and 6,500,000 per annum from the following day to the day of full payment.

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