사용료
1. The part against the defendant in the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff shall be against the defendant B.
1. In the first instance trial, the Plaintiff did not pay the purchase price of the leased vehicle used by the Defendants, and filed a claim for KRW 17,459,020 and damages for delay on the ground that the Plaintiff was also liable for early termination due to the termination of the lease contract. The first instance court rendered a judgment citing only KRW 17,455,128 among the above claim and damages for delay from May 1, 2018.
As the Defendants appealed, the scope of this Court’s adjudication is limited to the above KRW 17,455,128 and the damages for delay from May 1, 2018.
2. Basic facts
A. From August 17, 2015, D served as the representative director of the Plaintiff. Since August 17, 2015, E was an officer who held the Plaintiff’s shares, Defendant C was the wife of Defendant E, and Defendant B and Defendant C’s children.
B. On March 22, 2016, the Plaintiff entered into a contract for facility leasing (hereinafter “lease Agreement”) with FF Co., Ltd. (hereinafter “F”) with the content that the GG franchises car (hereinafter “instant automobile”) will be leased at a rate of 52 months from March 22, 2016 to July 22, 202, 2020, the lease fee of KRW 760,300 per annum, and the overdue interest rate of KRW 24% per annum. D as the representative director of the Plaintiff, jointly and severally guaranteed the Plaintiff’s obligation under the instant lease agreement.
C. D allowed the Defendant C to use the leased instant vehicle as above.
On June 22, 2016, E transferred all the Plaintiff’s share in the name of Defendant B to D, and even thereafter, E intended to pay the lease fee of the instant vehicle to Defendant C, and E and Defendant C continued to use the said vehicle. From August 19, 2016 to June 22, 2017, E and Defendant C paid KRW 7,139,660 to the Plaintiff as the lease fee of the instant vehicle using the deposit account in the name of Defendant B.
D Since then, Defendant C is the lease fee.