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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 130,130,859 and KRW 115,972,073 from February 27, 2018.
Reasons
1. Basic facts
A. On May 18, 2017, the Plaintiff entered into an automobile leasing agreement (Operation Lease; hereinafter “instant lease agreement”) between the Defendant Company and the Defendant Company, under which the Plaintiff leased the Defendant Company 350d 4MC vehicle, and the Defendant Company directly applies for the leased vehicle, and the Plaintiff was obligated to use the pertinent vehicle as the duty of a good manager during the lease period. Defendant B jointly and severally guaranteed the Defendant Company’s obligation under the said lease agreement.
B. Major contents of the instant lease agreement are as follows.
-The due date: S350d, amount of financial application (acquisition price): 150,353,340 won: 3,434,770 won, deposit 30,400,000 won, interest rate for delay: 24% per annum - The defendant company must fulfill all measures and its duty of due care as a good manager so that the vehicle can maintain its normal operation condition and its full function and performance.
(Article 11 subparag. 1 of the Terms and Conditions) - Where the Defendant Company violated the obligation to keep, use, maintain, manage, and return the vehicle as stipulated in the contract, even once the payment of the lease fees, insurance premiums, lease deposit, etc., as stipulated in the lease agreement, the Plaintiff may terminate the said lease agreement and claim the return of the leased object if the Defendant Company breaches the obligation to keep, use, maintain, and return the vehicle within a reasonable period specified in the contract, and if the Plaintiff fails to perform the obligation within the said period after demanding the correction of the defect or the correction of the violation; or if the Plaintiff fails to complete
(Article 17(2)1 and 3 of the Terms and Conditions. - The defendant company shall deliver the vehicle to the place designated by the plaintiff at its own responsibility and expense at the time of returning the vehicle.
(Article 19 of the Terms and Conditions).
The Defendant Company filed the instant lawsuit claiming the intention to terminate the lease agreement and the payment of unpaid lease fees, in order to use the leased vehicle with the acquisition and use of the leased vehicle from October 25, 2017.