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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1. Purport of the claim.
Reasons
1. Judgment on the ground of the plaintiff's claim
A. The facts of recognition (1) A Co., Ltd. (hereinafter “B”) concluded a contract for the use of the Non-CC Card (credit card number: C; hereinafter “the credit card of this case”) with the Plaintiff on September 7, 2006, and approved the Plaintiff’s non-CC Card Enterprise Member Agreement. The Defendant, which was the representative director B, had the Plaintiff’s joint and several sureties (hereinafter “the instant joint and several sureties”).
(2) From August 28, 2007, B delayed payment of the credit card fee of this case. The principal amount in arrears is KRW 6,000,000 (the date of the occurrence of the claim is July 2007) and the Plaintiff’s overdue interest rate in arrears according to the Plaintiff’s Non-Cch Card Membership Agreement is 25% per annum.
[Ground of recognition] Unsatisfy, Gap 1-5 (including virtual number), and the purport of the whole pleadings
B. According to the above facts of determination, the Defendant, as a joint guarantor of the instant case, is obligated to pay the Plaintiff the overdue interest amounting to KRW 6,00,000,00 for the principal of the instant credit card use payment and damages for delay calculated at the rate of 25% per annum under the agreement interest rate from September 5, 2007 to March 22, 2012, which is clear that the delivery date of the original copy of the instant payment order from September 5, 2007, and the next day to the date of full payment, as the Plaintiff seeks.
2. Judgment on the defendant's assertion
A. The defendant's assertion of denial of protection value of the right to use the credit card of this case argues to the effect that since the plaintiff neglected to search the highest search against B, which is the principal debtor of the credit card of this case, the plaintiff's claim of this case is unreasonable since it has no value of protection. However, the defendant is a joint and several surety who is not a simple guarantor of the credit card of this case, and has no right of defense of highest search pursuant to the proviso of Article 437