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1. The Plaintiff A, Inc.:
A. Defendant D’s KRW 101,983,677 and its related thereto from August 24, 2015 to April 21, 2016.
Reasons
1. Basic facts
A. The Defendant Hyundai Motor Company (hereinafter “Defendant Company”) entered into a sales agency contract with Defendant C with the content that grants the right of representation to the Defendant to sell an automobile produced and supplied by the Defendant Company.
Under the above contract, Defendant C had been continuously operated since the opening of April 8, 1998 by the sales agency of “G” in the name of “F and 105, Seoul Special Metropolitan City, Nowon-gu” (hereinafter “G”).
A. The operation was conducted.
Defendant D entered into a car sales service contract with Defendant C and was a business employee who was in charge of automobile sales from October 2006 to June 2014.
B. On February 7, 2012, Plaintiff B was arranged as the representative director of Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) and as a lessee of HH Ecoos car (hereinafter “instant car”) from Hyundai Capital Capital Co., Ltd. (hereinafter “Nive Capital”) via Defendant D, the market price of which is approximately KRW 74,518,00,00.
Plaintiff
The Company entered into a lease agreement (hereinafter “instant lease agreement”) that leases Hyundai Capital and the instant passenger vehicle from February 9, 2012 to February 9, 2015 as KRW 36 months, monthly payment of KRW 1,927,100 (including value-added tax) during the lending period.
C. On April 2012, Plaintiff B requested Defendant D to terminate the instant lease agreement, where it was economically liable while operating the instant car.
Defendant D, around May 17, 2012, should have the penalty upon termination of the instant lease contract to Plaintiff B, and as such, could escape from the lease contract without paying a penalty, Defendant D’s succession to the lessee status of the instant passenger vehicle to another person and transfer the instant passenger vehicle to the successor (hereinafter “instant lease succession business”).
Plaintiff
B consented to this, and Defendant D's fees from the Plaintiff Company on the same day.