The scope of joint and several sureties's liability for the credit card member who has determined the monthly use limit.

In concluding a credit card service contract, if the monthly credit card use limit of the member is set, it shall be deemed that the credit transaction limit is set in consideration of the member's ability to pay the price based on his/her financial status, such as monthly income. Therefore, it is reasonable to view that the credit card joint guarantor guarantees the performance of his/her obligation within the scope of the credit transaction limit of the guarantor, unless otherwise specifically stipulated in the scope of liability for

Article 429 of the Civil Act

Supreme Court Decision 85Meu1626 Decided January 28, 1986, Supreme Court Decision 84Meu1587 Decided February 25, 1986

[Defendant-Appellee] Defendant 1 et al., Counsel for defendant-appellee

Defendant

Daegu District Court Decision 84Na234 delivered on December 14, 1984

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The Plaintiff’s attorney’s grounds of appeal are examined.

According to the reasoning of the judgment below, the court below held that the non-party's subscription to the National Card General Member of the plaintiff bank handled by the non-party on November 15, 1982, the defendant agreed to assume joint and several liability with respect to the non-party's obligation arising from the use of the above non-party's card. The non-party's above non-party's purchase of goods and provision of services in an amount equivalent to the non-party's total amount of 200,000 won in cash from the plaintiff bank two times during the period from June 16, 1983 to August 15 of the same year, and the non-party's purchase of 200,000 won in cash from the National Card Member's 25,252,37 won in June of the same year, and the non-party's joint and several liability with respect to the non-party's purchase of the above non-party's credit card and the non-party's purchase of the above non-party's credit card within 10th month.

On the other hand, in the conclusion of a credit card use contract as in the above case, if the monthly credit card user's monthly credit card use limit is set, this is deemed to have been set in consideration of the credit transaction limit based on the member's financial status such as monthly income. Thus, it is reasonable to view that the credit card joint guarantor guarantees the payment of the purchase price within the limit of the credit transaction limit of the guarantor's credit, unless otherwise specified in the scope of guarantee liability. The credit card user's credit card use exceeding the above credit transaction limit is not to extend the scope of the guarantor's liability until it is regulated under the risk burden of the card issuer (see Supreme Court Decisions 85Meu1626, Jan. 28, 1986 and Supreme Court Decisions 84Meu1587, Feb. 25, 1986). Therefore, there is no merit in the conclusion of the court below's decision consistent with this Opinion.

Therefore, the appeal is without merit, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Jong-sik (Presiding Justice)