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(영문) 서울중앙지방법원 2020.11.13 2020가단5058737
연대보증채무금
Text

1. The defendant within the limit of KRW 120,00,000 to the plaintiff and KRW 99,687,937 among them and KRW 97,706,963 among them shall be limited to the plaintiff on January 3, 2020.

Reasons

1. Facts of recognition;

A. The Defendant Co., Ltd. D (the trade name before the change: E; hereinafter “Nonindicted Co., Ltd.”) with a credit card issued from F Co., Ltd. from December 23, 201, which was jointly representativeed by the Defendant, used. The Defendant jointly and severally guaranteed the Defendant’s obligation related to the credit card transaction to F Co., Ltd. within the limit of KRW 120 million.

B. The FF Co., Ltd. was merged with the Plaintiff (formerly G Co., Ltd.) on December 1, 2014.

C. From October 23, 2019, Nonparty Company did not pay credit card bills from around October 23, 2019, and as of January 2, 2020, the current status of its obligations is as follows.

(Rate of Delay Damages: 15% per annum; H 22,750,206 won 343,385 won 23,093,591 won I 74,956,757 won 1,637,589 won 76,594,346 won per annum / [Evidence] The fact that there is no dispute, the entries in Gap evidence 1 through 5, and the purport of the whole pleadings.

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 15% per annum under the agreement from January 3, 2020 to the day of full payment, with the amount of KRW 99,687,937 (=23,093,591 Won 76,594,346) and the principal amount of KRW 97,706,963 (=22,750,206 Won 74,956,757).

3. Accordingly, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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