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(영문) 서울중앙지방법원 2019.06.19 2018나57782

신용카드이용대금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. Around September 2016, the Defendant, who was the representative director of C Co., Ltd. (hereinafter “C”), was issued a company credit card, which is a designated card, in the name of the Plaintiff C, and the Defendant was designated as the employer.

B. On September 5, 2016, the Defendant increased the credit card limit from 3,000,000 to 9,000,000 won. The Defendant changed the joint and several surety of the above credit card payment obligation to the Defendant in D where C had the former representative director, and set the said limit to 10,80,000 won.

C. After doing so, on October 20, 2016, E prepared an application for membership of A business member who is an employee of C, who is an employee of C, and whose mandator is the representative director C, and was additionally issued two copies of A business credit cards, which are official cards, under C’s name.

On the other hand, C’s unpaid credit card payment obligation against the Plaintiff is KRW 8,98,622 as of April 2, 2018 and interest thereon, and the incidental debt of KRW 336,208.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1 and 5, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties’ assertion argues that the Plaintiff is seeking the Defendant to perform the joint and several surety obligation for the credit card payment obligation of C, while the Defendant asserts that C is not obliged to perform the joint and several surety obligation for the credit card payment obligation of C, since it was a voluntary act of E to obtain an additional credit card from the Plaintiff on October 20, 2016 without delegation from C or the Defendant.

B. In light of the following circumstances that can be acknowledged by comprehensively taking account of the purport of the entire argument in the evidence as seen earlier, E’s act of additionally obtaining an enterprise credit card from the Plaintiff on October 20, 2016 was conducted voluntarily without the Defendant’s justifiable delegation by C or the representative director, and thus, the Defendant is not liable for the joint and several liability for C’s debt for the credit card payment arising from an additional issued enterprise credit card.

Therefore, it is true.