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(영문) 서울중앙지방법원 2017.04.14 2016나79795

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

Judgment on the Grounds of Claim

(a) The following facts may be found either in dispute between the parties or in combination with the purpose of the entire pleadings in each entry in Gap evidence 1 to 3:

1) Our Bank Co., Ltd. (hereinafter “Korea Bank”)

A. B Co., Ltd. (hereinafter “B”) on April 12, 2009

(2) On the same day, the Defendant concluded a credit card use contract with us under the above contract, and on the same day, she jointly and severally guaranteed to us all obligations (including principal, interest, damages for delay, and other incidental obligations) currently and in the future to us (including principal, interest, damages for delay) within the limit of 3,00,000 won. B obtained and used a credit card under the above credit card use contract, and the remaining amount of obligations to us under the above contract is KRW 5,648,969 as of November 26, 2015 (i.e., principal, 2,445,202 interest and incidental obligations).

3) On April 1, 2013, our bank divided the Plaintiff into a credit card business and established the Plaintiff, and the Plaintiff comprehensively succeeded from our bank the rights and duties related to the credit card business of our bank, including remaining claims under the credit card use contract. B) According to the above findings of recognition, the Defendant, barring any special circumstance, shall provide the Plaintiff with joint and several liability amounting to KRW 3,00,000 for the above credit card use contract (hereinafter “instant joint and several liability amount”).

shall be liable to pay such amount.

Judgment on the defendant's defense

A. On September 28, 2012, the Defendant filed an application for individual rehabilitation with Suwon District Court 2012Da88410 on September 28, 2012, and decided to authorize the repayment plan on November 26, 2012 from the above court; and the Defendant is currently performing the repayment plan after receiving a decision to authorize the repayment plan on March 11, 2013.

On July 4, 2012, the Defendant issued a certificate of debt to the Bank and prepared the list of individual rehabilitation creditors (hereinafter “instant list of creditors”) based on such certificate, and the said certificate of debt against the Defendant of the Bank.