[카드대금][하집1997-1, 237]
The validity of the terms and conditions clause stipulating that a family member of a credit card shall be jointly liable for the credit card payment of his/her own member (negative)
It is reasonable to view that the terms and conditions of the former Credit Card Member Regulations, which provide that a family member who has borrowed the credit of his/her own member and has been issued the credit card, shall be jointly and severally liable for the credit card payment of his/her own member, shall be deemed null and void as a terms and conditions clause which lose fairness due to unexpected difficulties in light of all circumstances, such as unfair disadvantage to his/her family member or forms of transactions.
Article 6 of the Regulation of Standardized Contracts Act
Foreign Credit Card Corporation
Defendant 1 and one other (Attorney Yoon Yong-ho, Counsel for the defendant-appellant)
1. Defendant 1 shall pay to the Plaintiff an amount equivalent to KRW 16,885,115 and KRW 12,244,069 per annum from December 3, 1996 to the date of full payment.
2. The plaintiff's claim against the defendant 2 is dismissed.
3. Of the costs of lawsuit, the part arising between the Plaintiff and Defendant 1 shall be borne by Defendant 1, while the part arising between the Plaintiff and Defendant 2 shall be borne by the Plaintiff.
4. Paragraph 1 can be provisionally executed.
The Defendants jointly and severally pay to the Plaintiff the amount of KRW 16,85,115 and the amount at the rate of KRW 23 percent per annum from December 3, 1996 to the full payment.
1. Determination as to the claim against Defendant 1
Comprehensively taking account of the statements in Gap evidence 1 through 4, Gap evidence 5-1 through 7 and the testimony of the non-party witness, defendant 1 entered into a foreign exchange credit card subscription contract between the plaintiff on April 30, 1993 and agreed to apply the overdue interest rate pursuant to the above Membership Regulations if the payment of the card was delayed. The above defendant agreed to apply the overdue interest rate pursuant to the above Membership Regulations from April 17, 1995 to December 2, 1996 as of December 16, 196 after delaying the payment of the card use fee. The above amount in arrears as of August 25, 1992, including the principal amount of KRW 12,24,069 and overdue interest rate of KRW 16,85,115,000,000,000 per annum 23% per annum, and since August 25, 1992, there is no obligation to pay the plaintiff the principal amount of KRW 1634,1968,25.
2. Determination as to the claim against Defendant 2
Defendant 1 as a member of his own member, Defendant 2 (the Defendant was divorced on May 10, 1995) (the Defendant was divorced on May 10, 1995), as a member of his family, entered into a foreign exchange credit card subscription agreement pursuant to the Plaintiff’s Credit Card Agreement on April 30, 1993; Defendant 1 delayed the payment of the credit card use from April 17, 1995 to December 2, 1996; and the fact that the amount in arrears reaches KRW 16,85,115 in total, including the principal amount of KRW 12,24,069; and pursuant to Article 2 of the Plaintiff’s above Membership Regulations, Defendant 1 and his family members are jointly and severally liable for all acts related to the card and obligations arising therefrom. There is no reflective evidence.
As the Plaintiff’s claim against Defendant 2, Defendant 2, a family member, is jointly and severally liable with Defendant 1 pursuant to the above Membership Regulations, and Defendant 2, a family member, is jointly and severally liable with Defendant 1. As such, Defendant 2’s terms and conditions clause, which the family member is jointly and severally liable with Defendant 1’s member’s credit card use payment, are null and void as it goes against the principle of good faith, and thus, Defendant 1’s claim seeking joint and several liability against Defendant 2 as to Defendant 1’s credit is groundless.
According to the principle of trust and good faith, the terms and conditions that lose fairness are null and void (Article 6(1)). The provisions that are difficult for customers to anticipate in light of the circumstances such as the form of transaction at a disadvantage to customers are presumed to lose fairness (Article 6(2)1 and 2), Eul’s testimony, and the result of fact inquiry to the Fair Trade Commission, all members of their family members are jointly and severally liable to obtain a separate card from the card company to the effect that they are issued with the card company’s own interest in using the card (such as payment to the card company). According to the above provision, the card company is jointly and severally liable for the credit card company’s own interest in the name of their family members (Article 6(2)1 and 4). The card company is jointly and severally liable for the credit card company’s own interest in the name of their family members after signing a contract to issue the card with the card company, and the card company is also jointly and severally liable for the credit card company’s own interest in the name of their family members.
Therefore, the plaintiff's assertion that the provision of the relevant terms is valid is without merit.
3. Conclusion
Therefore, the plaintiff's claim against the defendant 1 of this case is accepted on the ground of its reasoning, and the plaintiff's claim against the defendant 2 of this case is dismissed as it is without merit. It is so decided as per Disposition.
Judges Jeon Soo-dae