beta
Text
1. The Defendant is 21.9% per annum for KRW 4,514,613 and KRW 4,176,372 among the Plaintiff, from July 20, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. D Co., Ltd. (hereinafter “D”) joined the Plaintiff’s credit card company as a member of the Plaintiff’s credit card company on July 7, 2014 and was issued a credit card. At the time, the Defendant was a representative director of D.
The applicant column for the credit card prepared at the time is marked with the name of D which the defendant is the representative director, and the defendant's seal impression is affixed on the side of the defendant's signature in the column of joint and several sureties.
Although the defendant was not present at the time of the preparation of the application, the plaintiff received the defendant's driver's license with the defendant's seal imprint affixed to the application.
B. On May 12, 2017, the Defendant resigned from the representative director.
C. Since January 26, 2018, D delayed payment of credit card payment. As of July 19, 2018, D’s total of KRW 4,176,372, and late payment 338,241 as of July 19, 2018, KRW 4,514,613 was overdue.
The overdue interest rate on the credit card price determined by the Plaintiff is 21.9% per annum after July 20, 2018.
[Reasons for Recognition] Facts without dispute, Gap 2, 6, 7, 8, 9, Eul evidence, Eul 1, the purport of the whole pleadings
2. Determination on the cause of the claim
A. On July 7, 2014, Plaintiff D was issued a credit card by the Plaintiff and did not pay the amount. As such, the Defendant, a joint and several surety of D, has the obligation to pay the Plaintiff interest for the amount of KRW 4,514,613 and the principal amount of KRW 4,176,372 each year from July 20, 2018 to the date of full payment. (ii) The actual manager of Defendant D, who was appointed by the Chairperson, was appointed by the Defendant as the representative director on the pretext of 2015 and was withdrawn from D on December 2017.
The fact that E has presented a certificate of personal seal impression, etc. to the defendant for home shopping and open market occupants, but there is no consent to the joint and several guarantee of credit card payment obligations.
The credit card price claimed by the Plaintiff was used after the Defendant retired.