리스채무금 청구의 소
1. The part of the judgment of the court of first instance against Defendant C shall be revoked;
2. The above-mentioned cancellation part.
1. Basic facts
A. The Plaintiff is a specialized credit financial corporation that deals with installment financing loans, general loans, leases, etc., and D Co., Ltd. (hereinafter “D”) is a specialized company specializing in camping car manufacturing, a special driving vehicle.
B. On September 21, 2012, the Plaintiff and D entered into a business partnership agreement (hereinafter “instant business partnership agreement”) with a view to enhancing the Plaintiff’s attraction of goods and promoting D’s sales capacity by introducing a camping car produced by D to the Plaintiff’s lessee.
C. On May 31, 2013, the Plaintiff and the Defendant Company entered into a financial lease agreement (hereinafter “the instant lease agreement”) with respect to camping cars, a joint and several surety of Defendant B and C, the cost of which is KRW 82,50,000, advance payment amount of KRW 22,500,000, and the lease term of KRW 36 months, with respect to the instant special vehicle (hereinafter “instant special vehicle”).
D’s representative E around May 31, 2013, paid KRW 82,500,000 in total from the Plaintiff for the instant vehicle and camping car manufacture. However, D sold the instant special vehicle or the instant special model to a third party without registering a vehicle under the Plaintiff’s name and establishing a right to collateral security under the Plaintiff’s name.
E. Accordingly, the Plaintiff asserted that D incurred damages due to the Plaintiff’s breach of its duty under the instant business partnership agreement, and filed a lawsuit against D and its representative director E ( Daegu District Court 2014Gahap20105). On July 3, 2014, the Daegu District Court rendered a decision to recommend reconciliation that “D and E jointly pay to the Plaintiff 405,259,560 won and delay damages for KRW 405,135,288 out of them,” and the said decision to recommend reconciliation became final and conclusive on July 25, 2014.
F. After that, E was prosecuted for criminal facts, such as fraud, by deceiving the Plaintiff and receiving the said vehicle price and manufacturing cost, and was subsequently prosecuted on March 31, 2016.