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1. The defendant shall pay to the plaintiff the amount of KRW 40,327,813 and the amount of KRW 26,074,532 from February 7, 2020 to the day of full payment.
Reasons
1. Facts of recognition;
A. On October 18, 2018, the Defendant concluded a long-term siren agreement with the Plaintiff with the following content.
- Inspection/ Model Name: C/D (vehicle Number E), type: LPG, 29,160,000 won for vehicles, 60 months for rental period, 729,740 won for monthly rent, overdue interest rate of 24% per annum (in case of arrears for 30 days or more, termination of a contract, and payment of vehicle);
B. The above vehicle was delivered to Nonparty F according to the Defendant’s will.
C. The Defendant did not pay the monthly rent, and the said contract was terminated by the Plaintiff’s notice of termination on January 30, 2020.
The amount that the Defendant is obliged to pay to the Plaintiff under the above contract is the principal amount of KRW 26,074,532 (24% per annum from February 7, 2020), KRW 14,140,434 for early termination damages, and overdue interest amount of KRW 112,847.
[Evidence] Evidence Nos. 1 through 12, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the defendant is obligated to pay the claim amount of this case to the plaintiff.
B. As to the Defendant’s assertion, the Defendant asserts that the above contract was forged.
According to the above evidence, the defendant came to know of F operating H’s “H” (unregistered Motor Vehicle Rental Business) through the introduction of G, which is a church transfer physician, and upon his recommendation, he sirens from the capital company like the plaintiff in the name of the defendant, one motor vehicle and one D two vehicles (one of these vehicles is rentaled from the plaintiff) in the name of the defendant. Among them, the defendant uses the vehicle, the remaining vehicles are used by the defendant, and the remainder of the vehicle is to be used by the F for rental car business, and the defendant entered into a long-term rental car contract with the capital company including the plaintiff company, and the remaining vehicles were delivered to F. In the process, the defendant confirmed that the plaintiff’s call center staff confirmed the contents of the contract of this case, prepared it directly, and signed it.