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1. The Plaintiff:
A. Defendant A shall pay KRW 43,766,352 and a rate of KRW 15% per annum from March 9, 2017 to the date of full payment.
Reasons
1. Indication of claim;
A. On February 27, 2014, the Plaintiff leased the vehicle to Defendant A, with the period fixed from February 27, 2014 to March 12, 2014, to KRW 295,800 per month, and then returned the vehicle at the expiration of the period. ② On February 27, 2015, the Plaintiff leased DK7 vehicles at KRW 48 months during the lending period and KRW 692,00 per month during the lending fee.
The Plaintiff terminated the rental agreement on November 7, 2014, and received K7 vehicles on December 14, 2014, as the Defendant did not pay the rental fee.
The Plaintiff’s claim related to the above loan agreement is KRW 10,105,179,000,000,000,000,000,000,000,000,000,000,000,000,000,000
B. On December 2014, the Plaintiff: (a) leased the vehicle to Defendant B, and (b) leased the vehicle to Defendant B with E that vehicle designated on December 7, 2014 to December 27, 2014; and (c) returned the vehicle at the expiration date; and (b) leased the FM3 vehicle at KRW 60 months during the lending period and KRW 1,029,000 per month during the lending fee.
However, on February 15, 2015, Defendant A caused an accident while driving the said BMW vehicle with no license.
As of February 5, 2016, claims related to the above loan contract are KRW 33,61,173 of the balance, excluding the amount of the insurance proceeds in Seoul Guarantee Insurance, from the sum of the rental fees, penalty, full-time rental fees, repair expenses, penalty, etc.
Defendant B is obligated to pay the above amount as a party to a loan contract, and Defendant A entered into a rental contract by deceiving the Plaintiff, and thus, Defendant B is obligated to pay the above amount in collaboration with Defendant B as compensation for damages arising from tort.
C. Therefore, Defendant A is obligated to pay to the Plaintiff the amount of KRW 43,766,352 (i.e., 10,105, 179 +3,661,173) and Defendant B jointly with Defendant A the amount of KRW 33,61,173 and the amount of delay damages calculated at the rate of 15% per annum from the day after the day of service of the complaint to the day of full payment.
2. Applicable provisions;
A. Defendant A: Civil Procedure Act.