1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On September 22, 2015, the Plaintiff entered into a contract with Addi A7 C (hereinafter “B”) on the lease term of 60 months, the lease deposit amount of 19,950,000 won, the residual value of 19,950,000 won, monthly lease amount of 1,796,300 won (former 60 vehicles are 2,098,38 won), and the overdue interest rate of 19% per annum (hereinafter “instant contract”). The Defendant jointly and severally guaranteed the Plaintiff’s debt to B.

B. The terms and conditions of automobile lease attached to the instant contract include the following:

Article 10 (Lease Deposit) (1) In order to secure the performance of various obligations to be borne by customers under this Agreement, customers shall pay the deposits specified in this Agreement to financial companies at the time of the conclusion of this Agreement, and financial companies shall not pay interest thereon.

(2) When a contract is terminated earlier, or when a customer fully performs the obligations specified in the agreement, the financial company shall return the lease deposit to the customer.

(3) The lease deposit may be appropriated for the repayment of all or some of the obligations to financial companies, including the lease fees in arrears by customers, and in such cases, the deposit shall be appropriated in the order of expenses, interest, and principal.

However, the order of appropriation may vary if the customer is no less favorable than that of the customer.

4. The customer may not refuse to pay the obligation to be paid to the financial company on the ground of the lease deposit.

Article 20 (Termination of Contracts by Financial Companies) (1) If any of the grounds prescribed in Article 8(1) of the General Terms and Conditions for Credit Transactions occurs to a customer, the financial company may terminate this Agreement immediately and claim the return of the motor vehicle without notice and peremptory notice.

(2) Where a customer delays monthly rent on at least two consecutive occasions, the financial company shall be deemed to have delayed performance of his/her obligation and shall terminate this Agreement accordingly.