A. On May 20, 201, the Plaintiff entered into an automobile lease agreement (hereinafter “instant lease agreement”) with Defendant A, setting the lease amount of KRW 9,252,00,000 per annum, interest rate of 11.104% per annum, interest rate of arrears rate of KRW 24% per annum, period of 60 months, monthly rent of KRW 2,016,50 per annum, and Defendant B and C jointly guaranteed the Plaintiff’s obligation under the instant lease agreement.

B. According to the instant lease agreement, if Defendant A delays the monthly rent on more than two consecutive occasions, the Plaintiff may terminate the instant lease agreement with the Defendant, and in such a case, the Defendant A shall pay the Plaintiff the overdue lease fee, early termination fee, and damages (110% of the outstanding principal as of the date of termination of the contract) on a lump sum.

C. Around May 2014, the Plaintiff notified Defendant A that the instant lease agreement was terminated on the ground of the foregoing delinquency in payment of the rent, which would have not been paid more than twice a monthly rent. The instant lease agreement was terminated on November 3, 2014.

Accordingly, as of November 3, 2014, the obligation under the instant lease agreement is KRW 34,980,667, repayment fee of KRW 3,498,06, and overdue lease fee of KRW 13,237,125 (i.e., the principal amount of KRW 9,835,880,000, plus the claim amount of KRW 2,263,120, and overdue interest of KRW 202,194,00 and the claim amount of KRW 268,04,380, and KRW 89,489).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination, the instant lease agreement is deemed to have been lawfully terminated due to Defendant A’s nonperformance of the obligation to pay the lease fees. Defendant B and C, jointly and severally, who jointly and severally guaranteed the obligation under the instant lease agreement between Defendant A and Defendant A, until November 3, 2014, agreed to KRW 51,715,858, total amount of the obligation under the instant lease agreement and KRW 34,980,667, among which the unpaid principal is to be repaid, from November 4, 2014 to the date of full payment.