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1. Revocation of the first instance judgment.
2. The defendant shall jointly and severally with D Co., Ltd. to the plaintiff KRW 131,789,763 and 41,487.
Reasons
1. Facts of recognition;
A. On April 25, 2007, E Co., Ltd. (hereinafter “E”) entered into a lease agreement between the Defendant and D Co., Ltd. (hereinafter “Nonindicted Company”) (hereinafter “Nonindicted Company”) (the co-debtor of the instant case for which the payment order was filed prior to the implementation of the instant lawsuit, whose payment order was finalized on January 22, 2019, and the acquisition cost was 100 million won, with respect to the leased goods (flex ls460-L, vehicle number I), the lease period of which was 36 months, monthly lease fee of KRW 3,326,200, and overdue interest rate of KRW 24% per annum (hereinafter “instant lease agreement”).
B. At the time of the conclusion of the instant lease agreement, the Defendant jointly and severally guaranteed the non-party company’s debt to E, and the non-party company did not pay rent to E on July 14, 2008, and the instant lease agreement was terminated on July 14, 2008. As of December 31, 2017, the Defendant’s payment of rent, etc. under the instant lease agreement was KRW 131,789,763 in total (i.e., principal interest of KRW 41,487,49, KRW 887,576,30, KRW 1,725,960).
C. Meanwhile, on November 10, 2014, E used the trade name “J Co., Ltd. (Change of the trade name on June 2, 2004), F Co., Ltd. (Change of the trade name on June 5, 2008), and K Co., Ltd. (Change of the trade name on May 1, 2013), and was dissolved after a merger with the Plaintiff on June 27, 2016.
On June 26, 2008, E filed a lawsuit against the non-party company and the defendant for a claim for usage fee (hereinafter referred to as "claim 1") with respect to the non-party company's claim against the non-party company and the defendant for the interest accrued from the lease agreement of this case, including the lease agreement of this case, and this court rendered a judgment in favor of the plaintiff on August 14, 2008 (hereinafter referred to as "non-party company and the defendant are jointly and severally liable to pay to the plaintiff 270,378,857 won and damages for delay at the rate of 24% per annum from April 24, 2008 to the date of full payment). It was finalized on September 11, 2008.
E. In addition, E is against the non-party company.