Cases where reduction has been recognized for the joint guarantor's payment obligations under a credit card use contract;

The case holding that it is reasonable in light of the good faith principle, etc. to determine the amount obtained by reducing the liability of joint and several sureties within the monthly card use limit from among the monthly credit card use fee payment obligations on the grounds that the credit card issuing bank neglects to exercise its right to terminate the credit card members in excess of the monthly purchase limit and fails to notify the joint and several sureties of the fact of

Articles 2 and 429 of the Civil Act

[Defendant-Appellee] Defendant 1 et al., Counsel for defendant-appellee

Defendant 1 and one other Defendants’ attorney-at-law et al.

Seoul High Court Decision 88Na42434 delivered on February 15, 1989

Each appeal is dismissed.

f. We examine the grounds for filing an appeal by the Defendant’s attorney together;

According to the reasoning of the judgment below, when the non-party became a special member of the National Card Use Contract handled by the plaintiff bank on May 14, 1986, the court below determined that the non-party agreed to assume joint and several liability for future obligations arising from the use of the card by the non-party. The non-party's above non-party's transaction of cash loans and purchase of goods by using the above credit card issued to him during the period from July 27 to August 10 of that year exceeds the monthly purchase limit, and thus, the contract was suspended as of August 21, 1987, and the amount of the purchase by the non-party was repaid in full as of May 17, 1987. Nevertheless, the plaintiff bank did not terminate the national card use contract with the above non-party and did not notify the above non-party of the payment limit and did not allow the non-party to continue the use of the card within the extent of 65 days after the suspension of the above transaction.

Upon examining the contents of evidence prepared by the court below in accordance with the records, the above fact-finding and judgment of the court below are just and there is no error of law that affected the conclusion of the judgment due to misunderstanding of legal principles or violation of the rules of evidence or incomplete deliberation, and there is no error in the judgment of the court below

Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Sang-won (Presiding Justice) Lee Jong-won (Presiding Justice)