위약금
1. The Defendant shall pay to the Plaintiff KRW 237,904,278 and the interest rate of KRW 20% per annum from July 3, 2014 to the day of complete payment.
1. Facts of recognition;
A. C Co., Ltd. (hereinafter “C”) purchased two buses D and E, and completed registration of ownership in its name on April 6, 201.
B. At the time of the purchase of each of the above buses, C obtained installment financing loans for the purchase of each of the above buses from Samsung Card Co., Ltd. (hereinafter “Tsung Card”), and granted a mortgage on each of the above buses in the name of Samsung Card.
C. The Plaintiff, who was in office as the managing director of C, was jointly and severally liable for the installment financing loans of C’s Samsung Card.
Around January 2012, the defendant acquired all the right of chartered bus transportation of the above company, including each of the above buses, from F, around January 2012, and the contract prepared at this time includes a clause that "E and G (which seems to be a clerical error in D) transfer to a third party and is to replace the guarantor." (Article 3(7)).
E. On February 20, 2012, the Defendant prepared a letter of performance (Evidence A2) with the purport that “The Defendant would have transferred the name of each bus to another company, sell it to another company, and replace a joint and several surety for installment financing loans to Samsung Card Co., Ltd with each of the above buses as collateraled with each of the above buses from the Plaintiff to prevent damage to the Plaintiff.”
F. The Defendant sold a bus around July 2, 2012, and around November 5, 2012, D bus to the name in which he/she operated each “H”, but did not replace a joint guarantor for installment financing loans to C’s Samsung Card secured by each of the above buses from the Plaintiff to another person.
(F) On June 11, 2014, the registration of each bus was made ex officio on November 6, 2012). As of June 11, 2014, C’s liabilities for installment financing loans on the Samsung Card as security for each of the above buses are KRW 237,904,278, including principal and interest, and Samsung Card urged the Plaintiff, a joint guarantor, to pay the said obligations.