Text
1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.
Reasons
1. Facts of recognition;
A. On November 24, 2014, the Plaintiff entered into a contract for automobile leasing (hereinafter “the instant lease contract”) with Defendant A Co., Ltd. (hereinafter “Defendant A”) by setting the acquisition cost of the instant vehicle (hereinafter “the instant vehicle”) 67,459,700 won, vehicle value of KRW 63,200,000, vehicle value of KRW 60,130,000 for the lease period of 60 months, deposit amount of KRW 10,130,000, monthly rent of KRW 1,225,000, annual rate of damages for delay, KRW 24,000, annual rate of damages for delay, and KRW 25,00 as of the date of payment of rent, and Defendant A, the representative director of Defendant A, transferred the instant vehicle to Defendant A, and Defendant B, a joint and several surety under the instant lease contract.
The term "the obligor shall bear the expenses incurred in exercising and preserving the rights, such as claims and security rights, etc. of the obligor, surety, or the financial company to secure the property of another person who has pledged to secure the obligation due to the occurrence of the cause of default or the loss of the time limit, the expenses incurred in investigating, collecting, and disposing of collateral, the expenses incurred in demanding the repayment of the obligation, and the expenses incurred in giving notice of demand for payment on behalf of the financial company shall be repaid on behalf of the obligor (Article 4 of the General Terms and Conditions for Credit Transactions)", and "where the financial company pays a penalty or fine for negligence, etc. in connection with the use of the vehicle after acquiring the vehicle, it may be allowed for the Defendant to pay the penalty or fine (Article 6 of the General Terms and Conditions for Credit Transactions)" and "where the Defendant has delayed the payment of monthly rent on more than two consecutive occasions, the Plaintiff may terminate the lease contract after notifying the Defendant three business days before the termination of the contract (Article 20 of the New Terms and Conditions for Credit Transactions)."
B. Defendant A delayed payment of the rent, and the Plaintiff urged on December 28, 2015, the Plaintiff to pay the rent and late payment charge unpaid to Defendant A by December 31, 2015. If the Plaintiff fails to pay it, it constitutes a cause for the loss of the term interest.