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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Evidence No. 1, A2, A3, A4, A5, and the purport of the whole pleadings
A. The Defendant is the representative member of the unlimited partnership company B (hereinafter “B”), and the Plaintiff is a credit merchant bank that operates installment financing business, facility leasing business, new technology business financing business, etc. with the authorization of the Financial Supervisory Commission.
B. On April 29, 2013, in the name of the Plaintiff and B, the Plaintiff entered into a contract for facility leasing (1) with the content that B shall bear the insurance premium, penalty incurred by the driver’s negligence, and fine for negligence (hereinafter “instant application”). On April 29, 2013, the Plaintiff and B entered into a contract for facility leasing (hereinafter “instant lease agreement”) with respect to the instant vehicle (C; hereinafter “instant vehicle”) at the lease rate of 3,179,90 won, overdue interest rate of 24%, overdue interest rate of 60%, remaining value of 60 months, remaining value of 22,080,000 won, and B agreed to lease the instant vehicle from the Plaintiff (hereinafter “instant lease agreement”).
(2) The contents of the instant application include the Defendant’s joint and several sureties’s joint and several sureties’s debt under the facility leasing contract with the Plaintiff (hereinafter “instant contract”) and the Plaintiff and B, upon the occurrence of the cause for the termination of the contract, lose the benefit of time if the Plaintiff satisfies certain requirements, and claim for return of the leased automobile or recover it together with the obligation already incurred. B pays the overdue lease fee when the lease contract is terminated even and the procedure for return of the automobile is completed. B pays the delayed return of the automobile even after the termination or termination of the lease contract; B pays the delayed return of the automobile until the return of the automobile to the Plaintiff; and claims for damages if B fails to perform the procedure for return or purchase of the automobile.
C. The Plaintiff’s termination B of the instant lease agreement did not pay the lease fee more than twice consecutively, and the Plaintiff was in arrears.