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(영문) 서울중앙지방법원 2018.09.13 2018가단5123812

신용카드이용대금

Text

1. The defendant shall be jointly and severally with D Co., Ltd. to the plaintiff within the extent of KRW 60,000,000, and KRW 51,680,691, among them, 49,88.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3, the non-party company (hereinafter "non-party company") shall approve that the terms and conditions of the plaintiff's credit card holders apply on June 16, 2015, and, in the event of delay in the performance of the obligation, the defendant, the representative director of the non-party company, agreed to apply the rate of delay damages determined by the plaintiff to the plaintiff's credit card holders. The defendant, as the representative director of the non-party company, guaranteed the debt owed to the plaintiff by the non-party company within the limit of 6 million won on the same day. ② On April 16, 2018, the non-party company as of April 16, 2018, bears the debt owed to the plaintiff including 49,88,560 won, fee 1,294,218 won, late 497,913 won, and the overdue interest rate applied by the plaintiff can be acknowledged as 23% per annum.

According to the above facts, as a joint and several surety, the Defendant is jointly and severally liable to pay the Plaintiff damages for delay calculated at the rate of 23% per annum from April 17, 2018 to the date of full payment, as to the above KRW 51,680,691, and the credit card use price of KRW 49,88,560, which is the following day of the above base date, to the Plaintiff, within the limit of KRW 60,00,00,000, which is the guarantee limit.

Then, the plaintiff's claim is justified and it is so decided as per Disposition.