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The Defendants are jointly and severally and severally with Nonparty D, E, and F, 256,683,396 won and 249,656,454 won among them.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company established for the purpose of paying the price related to the issuance and use of credit cards. The Defendants are those who operated “H Hospital” in Tong Young-si G in common with Nonparty D, E, and F.
B. Around March 2016, the Defendants and Nonparty D, E, and F (hereinafter “five persons including the Defendants”) agreed that the Plaintiff issued a corporate credit card related to H Hospital from the Plaintiff and that the said credit card should be paid.
C. Five (5) Defendants, including the Defendants, did not pay the credit card user fee from November 2018. As of February 15, 2019, the unpaid principal is KRW 249,656,454, interest amount is KRW 7,026,942, and the overdue interest rate on the unpaid principal is KRW 23.9% per annum.
[Reasons for Recognition: Entry in Evidence Nos. 1 through 3, the purport of the whole pleadings]
2. Determination
A. According to the above facts of recognition, the Defendants are jointly and severally and severally liable with Nonparty D, E, and F to pay 256,683,396 won (249,656,454 won with interest of 7,026,942 won with interest of 249,656,454 won with interest as of February 15, 2019) and damages for delay calculated at the rate of 23.9% per annum from February 16, 2019 to the date of full payment.
B. The Defendants asserted to the effect that, at the Changwon District Court on May 13, 2019, a decision to commence a general rehabilitation procedure was rendered under the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), the instant lawsuit should be suspended, and that in the instant case, the judgment ordering the Defendants to pay credit card payments would not have been made. However, according to the overall purport of the evidence Nos. 4 and 5, each of the rehabilitation procedures against the Defendants was commenced at the Changwon District Court on May 13, 2019 and was abolished on August 19, 2019 (Defendant No. 2019dan1017, Defendant C2019dan1018), and it was recognized that the claims against the Defendants were not recorded in the list of rehabilitation creditors prepared under each of the above rehabilitation procedures, while the rehabilitation procedures against the Defendants were in progress.