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1. The Defendant shall pay to the Plaintiff KRW 22,30,064 as well as KRW 21,334,186 among them, from April 20, 2016 to the day of full payment.
Reasons
1. Basic facts
A. On September 27, 2014, the Defendant joined as a credit card holder of Hyundai Card Co., Ltd. (hereinafter “Modern Card”) and used the credit card from that time.
B. On April 11, 2016, Hyundai Card transferred to the Plaintiff the total amount of KRW 21,969,478 (i.e., principal, KRW 21,34,186, interest, legal expenses, etc.) (i.e., principal, KRW 635,292), and notified the Defendant of the assignment of assignment on April 14, 2016.
C. As of April 19, 2016, the principal and interest of the instant claim as of KRW 21,334,186, interest on unpaid interest, KRW 752,901, delay damages, KRW 152,153, and KRW 60,224, annual fees and other KRW 600,064, in total, KRW 22,30,064 (==21,334, KRW 186, KRW 752,901, KRW 152,153, KRW 60,224, per annum). The interest rate on delay is 24% per annum.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the sum of the principal and interest of the instant claim KRW 22,30,064 and the principal principal of KRW 21,334,186 among them, delay damages calculated at the rate of 24% per annum, which is the agreed interest rate from April 20, 2016 to the date of full payment.
3. The Defendant’s argument as to the Defendant’s assertion argues to the effect that the Plaintiff’s claim of this case is unjustifiable, since the Defendant applied for commencement of individual rehabilitation procedures by the Gwangju District Court 2016 Gwangju District Court 2016Da19299.
In a case where a lawsuit on individual rehabilitation claims has already been filed prior to the commencement of individual rehabilitation procedures, the litigation may be conducted (see, e.g., the proviso to Article 600(1)3 of the Debtor Rehabilitation and Bankruptcy Act and the Supreme Court Decision 2013Da42878, Sept. 12, 2013). The facts that the Defendant had already filed the lawsuit prior to the commencement of individual rehabilitation procedures are apparent in the records, and further, the Defendant is against the Defendant by the closing date of argument in the instant case.