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(영문) 서울중앙지방법원 2017.01.19 2016가단139849
신용카드이용대금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 76,076,661 as well as KRW 33,98,240 among them, from July 21, 2016.

Reasons

1. Basic facts

A. Defendant A Co., Ltd. (hereinafter “A”) obtained a credit card from the Bank of Korea and used it, and Defendant B jointly and severally guaranteed the guarantee amount of Defendant A’s credit card payment obligation at KRW 60,000,000, with respect to Defendant A’s credit card payment obligation.

The overdue interest rate shall be 27.9% per annum where the credit card payment is overdue.

On April 1, 2013, our bank established the plaintiff by dividing the credit card business.

B. The amount used by Defendant A at the credit card merchant on September 23, 2011 is KRW 33,998,240, and the credit card price in arrears as of July 20, 2016 is the sum of KRW 76,076,661 (i.e., principal interest at KRW 33,98,240 and ancillary debt at KRW 42,078,421).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-11, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff, who received credit card business from the bank due to the division of the company, the total credit card payment of KRW 76,076,661, and the principal of KRW 33,98,240, which is the overdue interest rate of KRW 27.9% per annum from July 21, 2016 to the date of full payment. However, Defendant B is jointly and severally liable to pay the amount within the limit of KRW 60,00,000, which is the limit of joint and several sureties.

3. Conclusion, the plaintiff's claim is justified.

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