차량렌트대금 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. On May 4, 2012, the Plaintiff, as a vehicle leasing business entity, entered into a motor vehicle leasing agreement with B Co., Ltd. (hereinafter “B”) with the terms and conditions as follows (hereinafter “instant motor vehicle leasing agreement”).
Contract Vehicle: C, Ecuas VS380 juitius vehicle: 68,00,00 won (40%) for the contract period of KRW 27,20,000: From May 16, 2012 to May 15, 2015: The initial payment rate of KRW 13,60,000 for the period from May 16, 2012: 36 months: 30% for less than one year, less than two years, 20% for more than two years, and 10% for more than two years: the overdue interest rate of KRW 24% per annum: 1,810,000 for early termination penalty of KRW 1,810 for the total amount of loans x the termination rate of termination penalty of KRW 13,600 for the period from May 15, 2015.
B. Of the instant car rental contract, the Defendant’s personal information is written in the column for joint and several sureties, and the name and seal is affixed to the Defendant’s name, which is limited to B’s employee D.
C. Meanwhile, the defendant is the representative director B. D.
B From August 2012, the Plaintiff failed to pay the automobile rental fee, and the Plaintiff notified the performance of the obligation, but on December 1, 2012, the Plaintiff declared the termination of the instant automobile rental contract with respect to B, etc.
E. As of December 1, 2012, the instant car rental contract was terminated, KRW 7,298,380, and the penalty for early termination is KRW 49,310,564 (excluding value-added tax) multiplied by 30% of the penalty amount.
[Ground of recognition] Facts without dispute, Gap 1, 2, 5, 6, 8, and the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff asserts that, on behalf of the Defendant, B’s employees D jointly and severally guaranteed the obligation to pay the Plaintiff, such as vehicle rental fees, on behalf of the Defendant.
The seal imprint design and the seal imprint certificate are only one data that can recognize the power of representation, and they are naturally a monetary loan contract.