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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 42,383,00 and KRW 39,98,514 among them.
Reasons
1. Facts of recognition;
A. On August 31, 2015, Defendant A Co., Ltd. (hereinafter “Defendant Company”) concluded an agreement on the use of credit cards with the Plaintiff (hereinafter “instant agreement”). Defendant B jointly and severally guaranteed the Defendant Company’s obligations under the instant agreement up to KRW 48 million.
B. From August 24, 2016, Defendant Company did not pay the Plaintiff a sum of KRW 39,998,514 as of December 14, 2016, and KRW 16,941 as of December 14, 2016, plus KRW 42,383,00,05, and the overdue interest rate is KRW 24.9% per annum.
[Ground] Defendant Company: Confession (Article 208 (3) 2 of the Civil Procedure Act): Facts that there is no dispute, Gap evidence 1, and 2 (Article 208 (3) 2 of the Civil Procedure Act). The authenticity of the entire document is presumed to have been established due to the lack of dispute in the application form for membership of a credit card, and the defendant's seal imprint. The defendant, although he proves that this document was forged by C, there is no evidence to acknowledge it
2. Determination on the cause of the claim
A. According to the above facts, barring any special circumstance, the Defendant Company is obligated to pay to the Plaintiff the amount of KRW 42,383,005 for the use of credit card unpaid to the Plaintiff and the amount of KRW 39,98,514 for the delay interest rate of KRW 24.9% from December 14, 2014 as of the above base date to the date of full payment. Defendant B, a joint and several surety, is jointly and severally liable to pay the said amount to the Plaintiff within the limit of KRW 48,00,000,000,000,000,000,000.
B. As to Defendant B’s assertion, Defendant B concluded the instant agreement without confirming the identity of Defendant B, which is a joint and several surety, and the joint and several surety agreement of Defendant B is alleged to be null and void. As such, Defendant B was the one who confirmed the identity of the Plaintiff and expressed his/her intent to consent thereto.