1. The defendant shall pay to the plaintiff the amount of KRW 43,413,634 and KRW 43,338,36 among them, from January 28, 2016 to the day of full payment.

1. Basic facts

A. On November 28, 2014, B Co., Ltd. (hereinafter “B”) leased (hereinafter “instant lease agreement”) the following terms: (a) the monthly lease rate of 1,020,300 won, overdue interest rate of 24%; (b) the period of the agreement; (c) 48 months; and (d) penalty and administrative fine incurred by the insurance premium and driver’s negligence; and (b) the Plaintiff’s negligence (hereinafter “instant lease agreement”).

B. In the instant lease contract, B entered into an agreement with the Plaintiff to claim damages in the event that the instant lease contract is terminated, in addition to the payment of overdue rent, the refund pension, early termination fee, etc. by the time the vehicle is returned, and the automobile return procedure is not performed.

C. The Defendant jointly and severally guaranteed the above debt B at the time of the instant lease agreement.

However, the above lease contract was terminated on January 25, 2016, in accordance with the lease contract of this case due to the default of the lease fee.

E. As of January 27, 2016, the Plaintiff as of January 27, 2016: (a) claims against B and the Defendant for KRW 3,602,893 (settlement lease fee of KRW 65,825, overdue lease fee of KRW 3,060,90; (b) delay damages of KRW 75,268; penalty of KRW 400,90); (c) special settlement amount of KRW 44,520,741; and (d) the Plaintiff’s obligations against the Plaintiff and the Defendant as of the above date are KRW 43,413,634 (basic settlement deposit of KRW 4,710,00).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings

2. Determination

A. According to the above facts, as a joint and several surety of the instant lease obligation, the Defendant is obligated to pay damages for delay calculated at the rate of 24% per annum, which is the agreed interest rate of 24% from January 28, 2016 to the date of full payment, to the date of full payment.

B. As to this, the defendant's assertion that the debt of this case is a joint and several surety when he/she holds office as a representative director B and it has not been dealt with after retirement is not clear, but the representative director is not clear.