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1. The defendant shall pay to the plaintiff KRW 52,908,404 as well as KRW 51,112,109 among them, from January 15, 2016 to the date of full payment.
Reasons
1. Basic facts
A. (1) On October 4, 2013, B Co., Ltd. (hereinafter “B”) entered into a car lease agreement (hereinafter “instant agreement”) with the Plaintiff, setting the monthly rent of KRW 1,392,200, monthly insurance premium of KRW 107,00, annual interest rate of KRW 24%, annual interest rate of arrears rate of KRW 60, annual lease period of KRW 24,82,000, and remaining value of KRW 24,82,000.
(2) The Defendant jointly and severally guaranteed the obligation under the instant contract against the Plaintiff, and at the time, the Defendant was the representative director B.
B. B returned the instant vehicle to the Plaintiff while the lease fee under the instant contract was overdue, and the instant contract was terminated on November 27, 2015.
C. As of January 14, 2016, the overdue lease fee under the instant contract is KRW 47,582,138, and the penalty and fine for negligence to be borne by B is KRW 815,60, and the fees for early termination are KRW 2,714,371, and damages for delay are KRW 1,796,295.
2. According to the above facts of determination, B is obligated to pay the Plaintiff a sum of KRW 52,908,404 (i.e., overdue rent of KRW 47,582,138 and fine for negligence of KRW 815,600 for early termination fee of KRW 2,714,796,295). Thus, the Defendant who jointly and severally guaranteed the Plaintiff’s obligation under the instant contract with the Plaintiff is also jointly and severally liable to pay KRW 52,908,404 to the Plaintiff.
The defendant asserts to the effect that the defendant was registered as the representative director of B by lending the name of friendly job offering C when establishing B, and that the contract of this case was also registered as the representative director of B by leasing a vehicle under the name of Da, and that Da and the plaintiff's employee signed the contract of this case without any explanation to the defendant, and therefore, the defendant is not liable as the joint guarantor of the contract of this case.
According to the statements in the evidence Nos. 1 and 7, the defendant directly signed the column of the joint and several sureties of the contract of this case.