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(영문) 인천지방법원 2014.10.21 2014가단11108
신용카드이용대금
Text

1. The Defendants shall be jointly and severally liable to the Plaintiff; Defendant B shall not exceed KRW 30,00,000; Defendant B shall not exceed KRW 34,639,070; and 33,925.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition (1) Defendant A Co., Ltd. (hereinafter “Defendant Company”) subscribed to the Plaintiff’s credit card member on July 5, 201 as the Plaintiff’s credit card member (the annual interest rate is 24% per annum and the payment date is the 10th day per month), and on the same day, Defendant B guaranteed the Defendant Company’s credit card payment obligation to the Plaintiff by setting the limited collateral guarantee amount as 30 million won.

(2) However, the Defendant Company’s payment of credit card bills since December 11, 2013 is KRW 34,639,070 (i.e., the principal amount of KRW 33,925,317 overdue interest at KRW 713,753).

[Ground of recognition] Against the defendant company: Facts that there is no dispute against the defendant company Gap, Gap evidence Nos. 1, 2, Eul evidence No. 4, and the purport of the whole pleadings under Article 150(3) of the Civil Procedure Act.

B. According to the above facts finding, barring any special circumstance, the Defendants jointly and severally pay to the Plaintiff the unpaid credit card payment of KRW 34,639,070 and the unpaid principal of KRW 33,925,317, the agreed interest rate of KRW 24% per annum from February 11, 2014, which is the day following the date of the above final calculation to the day of full payment, to the day of full payment, and Defendant B is obligated to pay the unpaid credit card payment of KRW 30,000,000,000,000,000 won.

2. Determination as to Defendant B’s assertion

A. Defendant B’s assertion has been jointly and severally and severally guaranteed the above credit card payment obligation due to the relationship in which the Defendant Company had been employed as the representative director of the Defendant Company at the time of joining the Plaintiff’s credit card holder, and the above credit card payment occurred on December 2, 2013, after Defendant B resigned from the office of representative director. Thus, Defendant B is not liable therefor.

B. Where a director, etc. of the judgment company has jointly and severally guaranteed a debt incurred by continuous transactions with a third party of the company, his/her position is to impose only the debt incurred during the company's transaction on the director, etc.

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