리스채무금
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 January 17, 2014, the Plaintiff entered into a car lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease company’s Plaintiff, lessee, Defendant, lessee, lease amount to KRW 72,249,090, lease period to KRW 36 months, repayment method equal interest rate per annum, and interest rate per annum 24% (hereinafter “instant lease agreement”).
B. The Defendant signed and sealed the “vehicle Acceptance Certificate” column at the bottom of the instant lease agreement and the specifications of the automobile lease agreement.
C. As of October 8, 2014, the Defendant paid only twice the instant rent, and thereafter lost the benefit of installment and due date due to the delayed payment of the rent, and as of October 8, 2014, the remainder of the said rent was KRW 74,512,286 (such as interest for delay in principal amounting to KRW 63,972,447).
[Reasons for Recognition] Facts without dispute, Gap 1 and 2 evidence, Gap 7 evidence, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of claim, the defendant is obligated to pay to the plaintiff the balance of the principal and interest of the lease price calculated under the lease contract of this case and the principal amount of KRW 74,512,286 and delay damages calculated at the rate of 24% per annum from October 9, 2004 to the date of full payment, which is the day following the date when the last calculation is made.
B. The first defendant's argument as to the defendant's argument argues that the defendant's claim is groundless for the following reasons.
In other words, the lease contract of this case only lends the name of the defendant to B upon request by the defendant that "I lend the defendant's name so that I can purchase the vehicle by lease and operate the rental car business."
B received the instant automobile, and the lease fee has been also paid.
Therefore, B shall be regarded as a party to the lease contract of this case or a lessee, and the defendant of this case.