1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On September 5, 2017, D Co., Ltd. (hereinafter referred to as “Nonindicted Company”) entered into a long-term lease agreement (hereinafter referred to as “instant agreement”) with the Defendant and its franchise on the part of the Defendant and IG LPi 3.0 Hylub A/T vehicles (hereinafter referred to as “instant agreement”) and entered into a long-term lease agreement for the motor vehicle (Evidence B, hereinafter referred to as “instant agreement”).

The plaintiff was the representative director of the non-party company at the time of the agreement of this case. The joint and several sureties of the agreement of this case stated the name of the plaintiff and affixed the seal of the plaintiff.

B. On August 10, 2017, the Defendant’s telephone counselor called to the Plaintiff and confirmed whether the instant agreement (Evidence No. 1) was directly prepared as a joint and several surety of the instant agreement, and the Plaintiff responded to “e.g.,”

C. Nonparty Company did not pay usage fees under the instant agreement.

Accordingly, the Defendant filed a suit with the Nonparty Company and the Plaintiff as Busan District Court Seo Branch 2018Gabu119348 for the payment of user fees, early termination fees, etc., equivalent to KRW 11,817,194. On December 14, 2018, the Defendant received a decision of performance recommendation identical to the Defendant’s claim details.

(hereinafter below) The decision on the execution recommendation of this case became final and conclusive around that time.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 8, and the purport of the whole pleadings

2. Determination:

A. On June 2017, the Plaintiff asserted that the representative director of the non-party company was proposed by the non-party company E, the actual owner of the non-party company, and issued a certificate of seal necessary for the registration of the representative director E on July 3, 2017, immediately before the conclusion of the instant agreement.

E entered the name of the Plaintiff in the joint and several guarantee column of the instant agreement and affixed the Plaintiff’s seal imprint, which is not based on the Plaintiff’s intent, and thus, the name of the Plaintiff among the instant agreement is in the name of the Plaintiff.