logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.03.14 2017나91556
보증채무금
Text

1. Revocation of the first instance judgment.

2. The defendant shall pay 36,000,000 won to the plaintiff.

3. All costs of the lawsuit are assessed against the Defendant.

Reasons

1. Basic facts

A. On December 24, 2008, the Plaintiff (hereinafter “Plaintiff”) entered into a business credit card transaction agreement with Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) with a limit of KRW 40,000,000, around April 1, 2013. On the same day, the Defendant, the representative director of the Nonparty Co., Ltd., determined the “total limit of the Plaintiff” as KRW 48,00,000 with respect to the Plaintiff, and jointly and severally guaranteed “all obligations currently and future due to the business credit card transaction with the Plaintiff.”

B. On April 21, 2009, the Plaintiff entered into an additional agreement between the non-party company with a limit of KRW 30,000,000,000, and the Defendant, the representative director of the non-party company, determined the “total Business Limit” as KRW 36,00,000 against the Plaintiff on the same day, and jointly and severally guaranteed the Plaintiff “all obligations currently and future due to the business credit card transactions by the non-party company to the Plaintiff.”

(hereinafter referred to as the “joint and several liability” of the Defendant’s joint and several liability.

From February 25, 2011 to March 31, 2011, the non-party company did not pay part of the above credit card usage price and did not pay the above credit card usage price. On September 30, 2011, the Plaintiff classified the non-party company's credit card usage price claims as special bonds.

In September 30, 2011, the principal of the credit card use price in arrears was KRW 21,827,762, and the late payment charge (interest) was KRW 2,975,94.

On May 21, 2015, the Defendant filed an application with the Plaintiff for reduction of and exemption from the debt for joint and several surety in this case, “for six months on the condition that the Defendant repaid KRW 11,100,000 to the Plaintiff.” The Plaintiff filed an application with the Plaintiff on May 26, 2015 for reduction of and exemption from the debt for joint and several surety.

arrow