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1. The Plaintiff:
A. Defendant A and B jointly and severally share KRW 97,732,966 and KRW 41,758,274 out of them. From March 28, 2017, Defendant A and B share the same amount.
Reasons
1. Basic facts
A. Defendant A, C, D, and E concluded a lease agreement with the Plaintiff without intent or ability to pay rent normally, and subsequently, decided to sell the said vehicle without permission by referring to “large-type vehicle” in the name of the lease agreement from Defendant A.
B. On February 28, 2013, Defendant F Co., Ltd. (hereinafter “Defendant F”) entered into a lease agreement with Defendant F Co., Ltd. (hereinafter “instant lease agreement”) under the name of Defendant F Co., Ltd., with respect to the CD 1 (hereinafter “instant vehicle”) with the Plaintiff, using related documents, such as the Defendant’s certificate of employment and the details of passbook C, as if the payment of benefits was made in advance by Defendant D, the acquisition cost was KRW 66,506,070, the lease fee was KRW 1,701,40, the lease fee was 36 months, the lease rate was 25% per annum, the lease deposit was 15,50,000 won per annum, and thereafter, the Plaintiff paid the lease deposit amount was delivered to the Plaintiff and sold the said vehicle to the buyer.
C. Defendant B jointly and severally guaranteed the obligation to be borne by Defendant A in accordance with the above lease agreement.
As the Plaintiff began to delay the lease fee from the second time, on May 15, 2013, the Plaintiff notified the Defendant of the scheduled termination notice of the lease contract and the return of the instant vehicle.
E. Article 20(2) of the terms and conditions of the instant lease agreement provides that “If a customer delays monthly rent more than two consecutive times, the Plaintiff may terminate the contract after notifying the customer of the delay of performance of the obligation and claiming the return of the motor vehicle by not later than three business days prior to the termination date of the contract, and if the notification is not made to the customer by not later than three business days prior to the termination date of the contract, the date three business days after the date the actual notification is delivered shall be the termination date of the contract.”