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(영문) 인천지방법원부천지원 2017.08.23 2017가단4920
신용카드이용대금
Text

1. The Defendant: (a) up to KRW 240,00,000 to the Plaintiff; (b) up to KRW 232,949,549 to the Plaintiff; and (c) up to KRW 195,77,027 to the Plaintiff, May 2017.

Reasons

1. Basic facts

A. On March 5, 2013, B Co., Ltd. (hereinafter referred to as “B”) entered into a credit card subscription agreement with the Plaintiff and the corporate card as KRW 150 million and received the credit card from the Plaintiff. On the same day, the Defendant set the Plaintiff’s obligation to use the credit card to the Plaintiff as the guarantee limit of KRW 180 million and the guarantee period of KRW 50 million and the Defendant jointly and severally guaranteed the said obligation to the Plaintiff.

B. Thereafter, on June 17, 2013, B increased the limit on the use of the credit card with the Plaintiff to 500 million won, and on the same day, the Defendant increased the guarantee limit between the Plaintiff and the Defendant to 600 million won.

C. B obtained credit cards as above, and used them for the settlement of accounts equivalent to 5.5 billion won over 137 times, and used the credit card use fee normally, but did not pay the credit card payment to C Company at least KRW 80 million on June 14, 2016 and June 24, 2016.

B-The unpaid credit card usage-price obligation as of May 17, 2017 is an amount calculated by deducting the amount of KRW 5,039,130 (the principal reserve amount to KRW 4,222,97), which the Plaintiff received according to B’s rehabilitation plan, from the total of KRW 195,77,027, late payment penalty amount to KRW 27,172,522, late payment penalty amount to KRW 232,99,549.

The rate of damages for delay applied to the current overdue credit card use price is 23.5%.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 5, and 6, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant, barring special circumstances, sought payment of KRW 240,000,000 to the plaintiff within the guarantee limit of KRW 240,000,000 to the plaintiff.

Within the scope of this section, the aforementioned KRW 232,949,549 and the principal of KRW 195,77,027 among them are liable to pay damages for delay calculated at the rate of 23.5% per annum, which is the rate of damages for delay from May 18, 2017 to the date of full payment.

B. The defendant's assertion and judgment 1) The defendant's assertion as to the termination of the guarantee contract is the representative of B.

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