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1. The defendant
A. The Plaintiff A’s KRW 14,328,229 as well as 5% per annum from June 12, 2019 to August 14, 2019.
Reasons
1. Facts of recognition;
A. On July 24, 2015, Plaintiff A entered into a car use agreement with the Defendant that the said Plaintiff leased BMW M3 vehicles (E) from the Defendant as KRW 25 million per month, and KRW 480,000 per month. The terms and conditions of the said agreement are as follows: “within one year” and “within 20%” and “vehicle depreciation.”
B. The content of “A” includes the following: (a) Plaintiff A entered into an automobile use agreement with the Defendant on July 24, 2015, with a deposit amounting to KRW 5 million on the date of the contract; (b) KRW 10 million on July 27, 2015, and KRW 10 million on the date of the contract; and (c) around that time, Plaintiff A transferred India G37S (the Plaintiff and the Defendant agreed to substitute for the payment of KRW 10 million out of the deposit by transferring the ownership of the said vehicle) and then used the said vehicle by taking over the said vehicle from the Defendant. Plaintiff B entered into the said agreement with the Defendant on June 11, 2015, stating that the said Plaintiff’s vehicle was leased at KRW 20 million on the deposit amount and KRW 380,000 per month; and (b) the said agreement included the terms “within one year and KRW 200,000 in the said agreement”.
After the conclusion of the above car use contract, the Defendant paid twice the difference between the monthly loan to the Plaintiff and the monthly user fee from the Plaintiff, and thereafter, the Plaintiff paid KRW 681,313 (However, at the time of the closing of the argument in this case, KRW 660,02) each month until the closing of the argument in this case.
E. According to the above contract, Plaintiff B paid KRW 2 million to the Defendant on June 12, 2015, and KRW 18 million on June 15, 2015, and sold KRW 38,00,000 to the third party after having paid KRW 41,583,178 on August 22, 2016 when taking over the said vehicle from the Defendant and having used it.
F. After concluding the said car use contract, the Defendant paid the difference once after deducting monthly user fee from monthly loans to Plaintiff B, and thereafter, the Defendant extended the monthly loan 1,032 until August 22, 2016, the date of redemption before the Plaintiff B.