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(영문) 서울중앙지방법원 2019.07.10 2018나35805

신용카드이용대금 등

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. Basic facts

A. C (hereinafter “Nonindicted Company”) entered into a credit card transaction agreement with E Co., Ltd. (hereinafter “Plaintiff”) on September 1, 2007 with respect to a credit card member agreement for corporate members (hereinafter “instant credit card transaction agreement”), and was issued three copies of the official card from the Plaintiff until the term of validity of the agreement was issued by the Plaintiff by December 2012.

B. On October 26, 2012, the Defendant was appointed as the representative director of the non-party company, and resigned from the representative director of the above company on January 20, 2015.

C. On November 14, 2013, Nonparty Company requested the Plaintiff to issue additional cards and increase the limit of use of the card under the instant card transaction agreement. Accordingly, the Plaintiff increased the limit of use of the card to Nonparty Company to KRW 10 million and issued 9 copies of the official card, which is the effective period until November 2018, to Nonparty Company.

(hereinafter referred to as “the instant additional issuance card”). At the time, the Defendant, the representative director of the non-party company, guaranteed the non-party company’s credit card payment obligations on the same day, and the main contents of the joint and several surety (Evidence A 2) are as follows:

(hereinafter referred to as the "joint and several sureties Agreement". The guarantor of the joint and several sureties (Evidence A 2) shall be jointly and severally liable with the debtor for all the obligations of the debtor for E (State) (hereinafter referred to as the "Credit Card") within the scope prescribed by the following provisions, and shall approve that the performance of the guaranteed obligation is applied in the order of the joint and several sureties, E (Corporate Members), Enterprise Members, Credit Agreement, and Credit Transaction Basic Terms and Conditions, and promise to each provision of the joint and several sureties:

The surety shall bear the surety obligation in accordance with the following provisions: