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(영문) 서울중앙지방법원 2014.09.04 2014나24562
신용카드이용대금 등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. B Co., Ltd.: (a) on April 15, 2013, approved the application of the corporate card membership agreement with the Plaintiff and concluded a credit card membership agreement with the Plaintiff; and (b) third [credit card number C (hereinafter “1 card”)] from the Plaintiff.

(ii) card number D (hereinafter referred to as card 2)

(iii) card number E (hereinafter referred to as “third card”)

(B) On June 7, 2013, the Plaintiff entered into a credit card subscription agreement with the Plaintiff and was issued one credit card number F (hereinafter “4 card”) from the Plaintiff.

B. As an internal director of the above company, the defendant jointly and severally guaranteed the above company's obligations within the limit of KRW 13,000,000 under each contract to join each credit card holder.

C. From July 25, 2013 to September 30, 2013, the company, starting with delay in the payment of each of the credit cards above, and ending with the payment of each of the above credit cards on September 30, 2013, the amount in arrears as of September 30, 2013 reaches KRW 10,014,448 ( KRW 1,093,693 + Principal of the 1,093,693 + Principal of the 2 card + Principal of the 3 card + KRW 7,117,459 + Principal of the 3 card + KRW 51,600 + Principal of the 4 card + KRW 51,600 + Principal of the 1,600 + Principal of the 1,600 + Principal of the 2 card + KRW 51,496 + 287,634

Meanwhile, according to the terms and conditions of the above company card member, if a member fails to pay the card use fee on the date of settlement, he/she shall pay damages for delay calculated on a daily basis in accordance with the interest rate set by the Plaintiff from the following day after the date of settlement until the date of full payment. On September 30, 2013, the rate of overdue interest determined by the Plaintiff with respect to the company as of September 30, 2013 is 24% per annum, 30 days but less than 90 days per annum, 24.5% per annum per annum, and 90 days per annum.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Determination:

A. According to the above facts, barring any special circumstance, the defendant is a joint and several surety under each of the above credit card holders' subscription contracts, and the defendant is jointly and severally and severally with the above company within the limit of KRW 13,00,000,000, which is the guarantee limit.

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