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(영문) 서울중앙지방법원 2019.07.26 2019가단5108346
대여금 및 신용카드이용대금
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 40,763,089 and KRW 9,98,763 among them, from December 5, 2018 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. (1) The Plaintiff loaned KRW 50 million to D Co., Ltd. (hereinafter “Nonindicted Company”) on September 11, 2015 at maturity on August 25, 2017. ② On September 11, 2015, the Plaintiff entered into a credit card use contract with Nonparty Company and issued a credit card, but the overdue interest rate for the credit card use was 25%.

(2) The Defendant jointly and severally guaranteed the above “(1) obligation” to the extent of KRW 30 million, and jointly and severally guaranteed the obligation under the above “B” credit card use contract.

(3) As a result of the loss of the benefit of each of the above obligations, the non-party company did not pay the principal and interest KRW 45 million as of December 4, 2018, and KRW 2,381,447 as of December 4, 2018. ② As of December 4, 2018, the non-party company did not pay the total of KRW 10,763,000 as of December 4, 2018, KRW 10,763,089.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 3, purport of whole pleading

B. According to the above facts of recognition, the defendant, as a joint and several surety of the non-party company, is obligated to pay the Plaintiff the guarantee limit of the above loan amounting to KRW 30 million and the credit card use fee.

2. In conclusion, the Defendant is obligated to pay the Plaintiff the amount of KRW 40,763,089 (the total amount of KRW 10,763,00,00 in credit card guarantee limit and KRW 10,763,089) and damages for delay calculated at the rate of 25% per annum from December 5, 2018 to the date of full payment of the credit card bills. Thus, the Plaintiff’s claim in this case is justified.

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