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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 7, 2008, the Plaintiff entered into a contract with the non-party company (hereinafter “non-party company”) with the acquisition cost of the vehicle model CW700 Luxury A/T on March 10, 2008, which was manufactured on March 4, 2008 and registered on March 10, 2008, with the non-party company (hereinafter “the automobile model”), with the acquisition cost of KRW 64,522,060, and the vehicle price of KRW 59,500,000,000 for the delivery of the certificate of delivery of the object for the lease period of 36 months, monthly lease cost of KRW 1,60,60 (the lease principal, interest, and other expenses plus the leased principal, interest, KRW 45,165,060, KRW 195,000, KRW 2050, KRW 305,505,000, annual interest rate of lease.
(hereinafter “instant lease agreement”). At the time, after the expiration of the lease term, the parties agreed to transfer, re-lease, or return the remaining lease principal.
B. The Defendant jointly and severally guaranteed the non-party company’s obligation to the Plaintiff based on the instant lease agreement.
C. On March 10, 2008, the non-party company requested the exchange of the vehicle to the two vehicles company, which is the plaintiff or manufacturer of the vehicle, on the ground that the vehicle in this case was defective during operation after being delivered with the vehicle in this case.
Therefore, a pair of automobiles company does not fall under the conditions of vehicle exchange, but is to exchange franchis to prevent the image deterioration of outstanding customer management and new vehicles. Around June 2008, the automobile of this case is recovered on June 12, 2008 and registered on June 17, 2008 on the register of automobiles manufactured on June 11, 2008 and registered on June 17, 2008, the model is CW70 VIP A/T, and the vehicle price is 73.5 million won; hereinafter referred to as the "motor vehicle exchanged in this case"). At that time, the sales contract for the above two vehicles is concluded, and the price difference of 14 million won is deposited and the plaintiff and the non-party company are deposited on June 12, 2008.