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(영문) 서울중앙지방법원 2016.11.18 2016나45839

신용카드이용대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On July 24, 2012, the Defendant, a representative director of the Company B (hereinafter “Nonindicted Company”), filed an application with the Plaintiff for membership of a company credit card member of KRW 10,000,000 (around February 13, 2014, the maximum amount of use and guarantee amount of the said card changed to KRW 36,00,00), which was used in the name of the Nonparty Company in the name of the Plaintiff. Around that time, the Defendant received and used the credit card from the Plaintiff. At the time of the purchase of the credit card member, the Defendant jointly and severally guaranteed the Defendant’s credit card payment obligation against the Plaintiff at the time of the purchase of the credit

B. From February 27, 2015, Nonparty Company began to pay the above card payment obligation to Nonparty Company. Accordingly, on May 22, 2015, the Defendant received a substitute loan by setting the loan amounting to KRW 25,100,000 under the name of the Defendant from the Plaintiff to repay the above card payment obligation to Nonparty Company Plaintiff, with the amount of KRW 25,10,000 in the name of the Defendant, 19% per annum of the repayment method, 28% per annum of the delayed interest rate (one year and 365 days, respectively) and 12 months per annum of the loan period.

(hereinafter referred to as "the above loan contract" is the loan contract of this case (hereinafter referred to as "the above loan").

However, from August 3, 2015, the Defendant delayed the instant loan obligations.

As of October 12, 2015, the principal amount of the instant loan is KRW 23,131,665, and overdue interest is KRW 1,650,109.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 4-1 to 4, Gap evidence 5-1 and 5-2, the 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 principal and interest 24,781,774 won under the loan contract of this case (=23,131,665 won 1,650,109 won) and damages for delay calculated at the rate of 28% per annum, which is the delayed interest rate, from October 13, 2015 to the date of full payment, to the date of full payment.

3. As to the judgment on the defense, the defendant's loan contract of this case shall be the plaintiff of the non-party company to the defendant.