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(영문) 서울중앙지방법원 2020.02.27 2019가단5268071
신용카드이용대금 등
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 394,489,679, and KRW 100,000,000 among them, from August 7, 2019.

Reasons

1. Facts of recognition;

A. On May 2, 2003, Defendant B Co., Ltd. (hereinafter “Defendant Company”) approved that the credit card terms and conditions apply under Defendant C’s joint and several sureties’s joint and several liability, entered into a “D members membership agreement” with A Co., Ltd. (hereinafter “instant credit card use agreement”), and used it upon obtaining a corporate credit card.

B. A Co., Ltd. was merged with E on April 1, 2004, and on April 1, 2013, E Co., Ltd. established the Plaintiff by dividing the credit card business division and establishing a new Plaintiff, and all rights and obligations of the above A under the Credit Card Use Agreement were succeeded to the Plaintiff.

(hereinafter referred to as the “Plaintiff” regardless of whether it was before or after the above merger and division.

However, as of June 16, 2009, the Defendant Company’s failure to perform its obligations under the instant credit card agreement (hereinafter “the instant credit card transaction amount”) and the Defendant Company’s repayment of the principal amount of KRW 100,000,000 as of June 16, 200, interest and incidental liability amount of KRW 10,410,958 remains unpaid.

Accordingly, the Plaintiff filed a lawsuit against the Defendants for the claim for the payment of credit card bills with this Court Order 2009Gadan267425, and on September 23, 2009, the Plaintiff rendered a final judgment in favor of the Plaintiff that “the Defendant jointly and severally pays to the Plaintiff 110,410,958 won and 100,000,000 won with interest of 28% per annum from June 17, 2009 to the date of full payment,” and the said judgment became final and conclusive around that time.

E. Meanwhile, the instant credit card use price that was not paid as of August 6, 2019 amounts to KRW 394,489,679, totaling the principal amount of KRW 100,000,000, interest and incidental debt amount of KRW 294,489,679, and the overdue interest rate applicable to the credit card use price obligation as of the above base date is 23.9% per annum.

F. On August 9, 2019, the Plaintiff filed again an application for the instant payment order against the Defendants, 10 years of the extinctive prescription period of the instant credit card use payment claim, which became final and conclusive by the said winning judgment.

recognized.

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