대여금
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. Facts of recognition;
A. On February 9, 2011, the Plaintiff entered into an automobile lease agreement with Defendant B, with respect to DD 300C vehicles (hereinafter “instant vehicle”), with the acquisition cost of KRW 51,59,810, contract deposit of KRW 7,734,00,00, monthly rent of KRW 1,329,90 (the last day of January), lease period of KRW 36 months, overdue interest rate of KRW 24% per annum (hereinafter “instant contract”). Defendant C guaranteed the Defendant B’s obligation to the Plaintiff under the instant contract.
The Plaintiff received the above deposit and delivered the instant vehicle to Defendant B.
B. On May 16, 2013, the Plaintiff terminated the instant contract on the grounds of the Defendants’ delinquency in paying rent. At the time of the Defendants, the Plaintiff deducted KRW 7,734,00 from the principal and interest of the said contract deposit and KRW 22,657,00 from the proceeds of the instant vehicle sales.
On July 6, 2017, the balance of the principal and interest of the obligation owed by the Defendants against the Plaintiff as of July 6, 2017 is KRW 24,327,542 (principal principal KRW 12,199,199, overdue interest KRW 12,128,343). This consists of the unpaid principal, overdue principal, overdue interest, and overdue interest.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 (including each number), the fact inquiry results against E Co., Ltd. of this court, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the above debt amounting to KRW 24,327,542 and the principal amounting to KRW 12,19,199,199.
(B) The Defendant asserts to the effect that the detailed details of the lease obligation are unclear, but according to the evidence submitted by the Plaintiff, the above balance can be sufficiently recognized).
The Defendants asserted as to the Defendants amounting to KRW 39,100,000 at the time of May 2013, 201, and the Plaintiff sold the instant vehicle to KRW 22,657,00.