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(영문) 서울중앙지방법원 2017.12.13 2017가단76778
신용카드이용대금
Text

1. The Defendant is jointly and severally with the Plaintiff Company B, as to KRW 33,44,935 and KRW 33,155,758 among them, on June 29, 2017.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 3 as to the cause of the claim, the plaintiff entered into a credit card use contract with the principal debtor B (hereinafter referred to as "non-party company") on March 31, 200 with the approval of the Credit Card Enterprise Member Regulations, and the defendant jointly and severally guaranteed the non-party company's obligation to pay the credit card user fee to the plaintiff on August 24, 2015 within the limit of KRW 60,000,000, and ② the obligation to pay the credit card user fee was overdue since May 12, 2017. As of June 28, 2017, the fact that there remains a total of KRW 33,444,935, including late payment charge, etc.

The defendant is obligated to pay the money stated in paragraph (1) of this Article to the plaintiff.

2. The Defendant asserts that the Defendant could not respond to the Plaintiff’s claim on the grounds that the Gwangju District Court 2017 Gohap5013 rehabilitation proceedings against the non-party company were in progress.

However, the rehabilitation plan does not affect the rights of rehabilitation creditors against the guarantor of the debtor for whom rehabilitation procedures commence (Article 250 (2) 1 of the Debtor Rehabilitation and Bankruptcy Act). Thus, the prior defendant's assertion is without merit on the other premise.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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