logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2015.05.29 2014가단8129
신용카드이용대금
Text

1. The defendant shall not exceed 24,000,000 won and jointly and severally with the medical corporation Eul to the plaintiff 35,065,199 won and 34,397 among them.

Reasons

1. Facts of recognition;

A. On October 7, 2010, the Plaintiff (divided by the National Agricultural Cooperative Federation) entered into a credit card contract with the non-party medical corporation B (C oriental medical hospital) and the non-party medical corporation’s credit card member member. At the time, the Defendant, who was the representative director, entered into a joint and several guarantee contract with the Plaintiff of the medical corporation B within the limit of KRW 24,00,000

(Effective Period until September 2015). (b)

A medical corporation B is in arrears with the credit card used from November 1, 2013 to December 10, 2013 under the above contract and KRW 35,065,199 (= Principal KRW 34,397,738) as of January 23, 2014; and the agreed overdue interest rate is 24.9% per annum.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. According to the above facts finding, the defendant is jointly and severally liable with B to pay the Plaintiff damages for delay calculated at the rate of 24.9% per annum from January 24, 2014 to the date of full payment, as to the above KRW 35,065,199 and the principal amount of KRW 34,397,738, within the limit of KRW 24,000,000, except in extenuating circumstances.

I would like to say.

In regard to this, the defendant was the representative director of the medical corporation B, and thus, the defendant jointly and severally guaranteed the above credit card usage payment obligation. Since the above credit card usage payment occurred after the significant change in the name of the representative director of the defendant, the defendant did not have an obligation to pay it to the plaintiff, according to the purport of the whole entries and arguments in the above credit card usage contract, Article 4 of the above credit card usage contract, and Article 4 of the above credit card usage contract, where it is difficult to deem it reasonable to continuously guarantee the debt of the joint and several sureties because of a significant change in the circumstances constituting the basis of the joint and several sureties, the joint and several sureties is able to replace the joint and several sureties with the bank or terminate the joint and several sureties agreement

arrow