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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On January 21, 2015, the Plaintiff entered into an automobile lease agreement with C (hereinafter “C”) with a lease term of 48 months, monthly rent of 2,479,300, annual interest rate of arrears of 24%, etc., and the Defendant, the representative director of C, has jointly and severally guaranteed C’s obligation under the said lease agreement.
B. The foregoing lease agreement was earlier terminated on December 14, 2016, and on March 15, 2019, the amount of debt of C under the said lease agreement was KRW 45,55,737 [the principal = 29,841,720 (=the amount of arrears of KRW 1,119,682) plus KRW 84,470 (the amount of late payment of KRW 28,637,568)].
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-5, the purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant, as a joint and several surety, is obligated to pay the Plaintiff as the joint and several surety the total amount of KRW 45,555,737 and the principal amount of KRW 29,841,720, the delay interest rate of KRW 24% per annum from March 16, 2019 to the date of full payment.
B. The Defendant asserts to the effect that: (a) early termination commission or overdue interest rate is excessive; and (b) while the Plaintiff did not claim performance of obligation to the Plaintiff in an appropriate period, C’s financial capability has deteriorated; and (c) later, claiming the Defendant, a joint guarantor, is unreasonable
However, the interest rate on early termination fees and overdue interest rate cannot be deemed excessive under the above lease contract. Furthermore, even if it is excessive, it cannot be reduced or restricted unless there are other special circumstances. ② The joint guarantor has no right of defense of highest search unlike the simple guarantor (proviso of Article 437 of the Civil Act). The creditor has the right to claim performance at any time against the principal obligor and the joint guarantor, and the circumstance alone does not allow the Defendant to block the Plaintiff’s claim.
All Defendant’s arguments are rejected.
3. Conclusion.