1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 12,868,262 and KRW 12,421,157 among the Plaintiff and the Plaintiff’s KRW 16 April 16, 2014.

1. Facts of recognition;

A. On July 4, 2011, the Plaintiff entered into a vehicle siren contract with Ecuas 5-2,00 won for a fixed period of 36 months, monthly rent of 2,727,450 won, overdue interest of 24%, vehicle amount of 91,100,000 won, remaining value of 39,172,100 won, and the Defendant, the representative director of the non-party company, as the representative director of the non-party company, jointly and severally guaranteed all obligations owed by the non-party company to the Plaintiff under the said rental contract.

B. Around January 2014, Nonparty Company returned the vehicle by using the said vehicle as it is no longer possible to maintain the contract, while paying the lease fee, and on February 24, 2014, the Plaintiff terminated the instant vehicle rental contract between Nonparty Company and Nonparty Company.

C. As of April 5, 2014, the obligation under the instant siren contract remains 12,868,262 won in total, including overdue lease fees, KRW 7,338,243, early termination fees, KRW 5,082,914, and damages for delay 447,105.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Gap evidence No. 9 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant, as a joint and several surety, is obligated to pay damages for delay calculated by the rate of 24% per annum, which is the annual interest rate of 24% from April 16, 2014 to the date of full payment, to the Plaintiff, as claimed by the Plaintiff, with respect to the remaining lease fees of KRW 12,868,262 and KRW 12,421,157 (i.e., overdue lease fees of KRW 7,338,243 earlier termination fees of KRW 5,082,914).

B. (1) The defendant was aware that the representative director of the non-party company could maintain the qualification of joint and several sureties at the time of concluding the rental contract of this case that the representative director of the non-party company should be the joint and several sureties, and the defendant was the representative director of the non-party company on July 12, 2012.