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1. The defendant (Appointed Party) and the appointed parties A and the stock company B jointly and severally with the plaintiff KRW 18,851,297 and 18,839.
Reasons
1. The fact of recognition is that the Plaintiff obtained authorization from the Financial Supervisory Commission, and entered into a car lease contract with the Defendant (Appointed Party; hereinafter “Defendant”) on November 25, 2014, on an installment financing business, facility leasing business, new technology venture capital business, etc., and with the Defendant (Appointed Party; hereinafter “Defendant”). According to the terms and conditions, the Plaintiff may demand or recover the return of the automobile due to the loss of the benefit due to the cause for termination of the contract under the lease contract, such as the failure to pay the monthly rent, etc., the Plaintiff may claim or recover the return of the automobile due to the loss of the benefit due to the cause for termination of the contract, along with the liabilities already incurred, and the return delay of the automobile until the time the automobile is returned, and if the Defendant fails to perform the procedures for return or purchase of the automobile, the provision damages shall be paid.
On the same day, the Defendant’s designated parties jointly and severally guaranteed all obligations owed by the Defendant to the Plaintiff on the same day.
The Plaintiff notified the Defendant that the lease contract will be terminated if the Plaintiff did not pay the lease fee in full by July 28, 2016. The Defendant did not pay the lease fee in arrears within the above period.
The amount the Defendant shall pay to the Plaintiff as of October 11, 2016 according to the instant lease agreement is KRW 18,851,297 [including KRW 1,958,552 (including damages for delay 11,610) with special settlement amount of KRW 20,491,023 - KRW 3,598,278], and the rate of damages for delay applicable to the instant lease agreement is 24% per annum.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3 through 5, the purport of the whole pleadings
2. According to the above facts finding, the instant lease contract was terminated on July 28, 2016.
The defendant and the designated parties are jointly and severally with the plaintiff 18,851,297 won and the principal amount of 18,839,687 won.