리스료 등
1. The plaintiff's lawsuit against A by the defendant rehabilitation debtor A shall be dismissed;
2. Defendant B shall be the Plaintiff on 329,038.
1. Facts of recognition;
A. The Plaintiff is an installment financing company, etc. under the Specialized Credit Financial Business Act.
B. On October 23, 2007, the Plaintiff entered into a lease agreement with a medical corporation C (hereinafter “C”) on equipment, such as the integrated medical information system, with respect to the lease period from October 23, 2007 to 48 months, 16,729,910 won per lease rate, overdue interest rate of 25% per lease rate, 70,000,000 won per lease principal, and 70,000,000 won per lease deposit (hereinafter “the lease agreement of this case”).
C. A, the president of C, was a joint and several surety for the lease obligation borne by C under the instant lease agreement.
Defendant B was appointed as a director of C on May 21, 2009, and A resigned from the president around that time.
On March 5, 2010, Defendant B provided joint and several surety within the scope of KRW 360,000,000 for C’s lease obligations under the instant lease agreement.
E. On August 9, 2010, the Plaintiff sent to C, A, and Defendant B a certificate of content that the instant lease agreement will be terminated for reasons of delinquency in lease fees.
F. As of October 6, 2014, C’s rent under the instant lease agreement remains at KRW 329,038,650 in total (i.e., principal interest of KRW 162,142,185 in overdue interest of KRW 166,917,605 - deposit deposit amount of KRW 21,140 in total).
G. The Plaintiff filed an application for a payment order (Seoul Central District Court 2014 tea55539) for the remainder of the lease fee against C, and the payment order was issued on October 27, 2014.
H. On the other hand, on June 25, 2014, the rehabilitation procedure was initiated by the Ulsan District Court 2014dan501 against A, and the Defendant Manager A was appointed as a custodian.
In the above rehabilitation procedure, the decision of rehabilitation plan was made on March 26, 2015.
[Reasons for Recognition] Defendant A: Evidence Nos. 1 and 2, Evidence Nos. 3-1, and Evidence Nos. 4 and 5, as a whole, Defendant B: The purport of the whole pleadings, and the purport of the entire pleadings (Article 150(3) and (1) of the Civil Procedure Act)
2. Determination:
A. 1) The Plaintiff’s lawsuit against the Defendant Manager A is lawful and ex officio. 2) The Defendant is an obligor.