리스대금
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 49,213,415 as well as 9% per annum from July 14, 2018 to the date of full payment.
1. Basic facts
A. On May 2, 2014, the Plaintiff entered into a lease agreement between the Defendant Company and the Defendant Company, whereby the Plaintiff acquired the ownership of three Campers (acquisition cost of KRW 85,680,00) to the Defendant Company, and the Defendant Company would pay rent of KRW 1,720,925 per month while using the above goods for 60 months (hereinafter “the instant lease agreement”). Defendant B jointly and severally guaranteed the Plaintiff’s obligation to the Defendant Company in accordance with the said lease agreement.
B. In entering into the instant lease agreement, when the Defendant Company delays the performance of its obligations under the relevant lease agreement, such as delaying the payment of rent or stipulated loss, the Plaintiff and the Defendant Company made an agreement that the Defendant Company shall pay the delayed amount by adding 24% delay damages per annum to the delayed amount, and that the Plaintiff may terminate the relevant lease agreement. An amendment to the overdue interest rate provision under Article 9(3)2 of the Enforcement Decree of the Credit Business Act is 9% per annum from April 30, 2018.
C. Meanwhile, when the Defendant Company delays the payment of rent for at least one month, the Plaintiff may demand the Defendant Company and its joint guarantor to give notice and terminate this contract no later than three business days prior to the date on which the payment of rent was made. On August 5, 2016, the Plaintiff notified the Defendants of the payment of overdue rent and overdue interest 1,732,566 won to the Defendants until August 10, 2016, and notified the Defendants of the fact that the payment of overdue rent and overdue interest 1,732,56 won can be carried out without any separate notice as it constitutes grounds for the loss of unpaid overdue interest and the exercise of the security right to terminate the contract
[Grounds for recognition] The descriptions of Gap 1 to 3, 5, and 6, and the purport of the whole pleadings
2. According to the fact that the Defendants’ obligation to pay the rental fees, etc. was recognized, the instant lease agreement seeks to pay the unpaid rental fees on the premise of termination at the latest after the Plaintiff’s demand to pay the overdue rental fees on August 5, 2016.