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(영문) 의정부지방법원 2018.04.26 2018나200236

신용카드이용대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

(a) E: March 18, 2016; and

8. On December 12, 198, the Plaintiff filed an application for issuance of two credit cards (credit card number C, D, and hereinafter “the instant credit card”) in the name of the Defendant Company A (hereinafter “Defendant Company”). The Plaintiff issued the instant credit card.

B. The instant credit card payment was delayed from December 2016, and the payment was in arrears, and as of March 29, 2017, KRW 41,459,340, such as the card principal, late payment charge, etc. (hereinafter “credit card price, etc.”) was not paid.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence No. 6 (including a provisional number; hereinafter the same shall apply), and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) E, the Defendant Company, as the representative director of the Defendant Company, obtained the instant credit card from the Plaintiff, and Defendant B, as the representative director of the Defendant Company, jointly and severally guaranteed the Defendant’s obligation, such as the credit card price, etc. at the time of issuing the instant credit card (or, Defendant B had been jointly and severally guaranteed by submitting a personal seal impression as to the corporate card’s obligation as of September 16, 2015). The Defendants jointly and severally liable to pay to the Plaintiff damages for delay of KRW 41,459,340 as of March 29, 2017, including the card price, and the principal amount of KRW 39,602,645 as of March 29, 207, even if the Defendant was not entitled to receive the instant credit card on behalf of the Defendant Company or joint and severally guaranteed it, even before the issuance of the instant credit card, and even before the issuance of the power of representation and granting the certificate of proxy, Defendant B cannot be seen as an act of representation by the Defendant 16.

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