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1. Revocation of the first instance judgment.
2. All of the plaintiff's claims are dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 30, 1996, Seoul Lease Co., Ltd. (hereinafter “Seoul Lease”) leased a swimming pool of KRW 2.77 billion to C (hereinafter “C”) for 78 months, but the lease fees were paid KRW 28,854,166 each month from once to six times, and KRW 54,876,965 each month from seven times to 78 times (hereinafter “the lease contract in this case”). D and B jointly and severally guaranteed the obligation under the lease contract for Seoul Lease on the same day.
B. C did not pay rent under the instant lease agreement to Seoul Lease, and Seoul Lease notified C of the termination of the instant lease agreement on January 6, 1998.
C’s statutory loss amount to be paid to Seoul Lease according to the instant lease agreement was KRW 3,595,567,249 at the time of termination of the said agreement.
C. On November 27, 1998, Seoul Lease transferred the claim regarding the instant lease agreement to the Korea Lease, Ltd. (hereinafter “Korea Lease,”) and around that time notified C of the said transfer.
After the Korean Lease, the sum totaling KRW 1.832 billion out of the total amount of losses under the above provision was paid by 7,258,250,984 won as of December 24, 2008 (i.e., principal amount of KRW 1,775,787,309, KRW 5,482,463,675).
E. On December 31, 2008, Korean Lease Claim No. 2008Gahap132352 against C, D, and B of the Seoul Central District Court (Seoul Central District Court Decision 2008Gahap132352) filed a lease claim seeking payment of KRW 1.5 billion and damages for delay. As to D, the payment of KRW 400 million was made on June 4, 2009, which is the day before the ruling was rendered, and the said lawsuit was exempted from its joint and several liability obligations and the said payment was withdrawn.
On June 5, 2009, the above court rendered a judgment that "C and B jointly pay 1.5 billion won to Korean Lease and 20% interest per annum from April 24, 2009 to the date of full payment" and the above judgment.