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1. The Defendants jointly and severally pay to the Plaintiff KRW 170,472,040 and KRW 92,833,250 among them, from September 3, 2014.
Reasons
1. Basic facts
A. On July 20, 201, the Plaintiff entered into a facility leasing agreement (a contract number C; hereinafter “the first lease agreement”) with the Defendant Company A (hereinafter “Defendant Company”) and delivered the instant leased goods by setting the acquisition cost of KRW 143,00,000, lease period of KRW 36 months, lease deposit of KRW 14,30,000, lease fee of KRW 14,279,200, annual interest rate of KRW 10.10%, annual interest rate of KRW 25%, and overdue interest rate of KRW 25%.
B. On October 27, 201, the Plaintiff entered into a contract for facility leasing (a contract number D; hereinafter “instant secondary lease contract”) with the Defendant Company at KRW 221,10,00,00 for the CNC Line 3rd PMA-240B (hereinafter “instant secondary lease”) and delivered the instant lease object by setting the lease amount of KRW 36 months, lease deposit of KRW 22,110,000, lease deposit of KRW 22,10,000, annual interest rate of KRW 6,571,60, annual interest rate of KRW 9.7%, annual overdue interest rate of KRW 25%.
C. On June 7, 2012, Defendant B jointly and severally guaranteed the Defendant Company’s obligation under each of the above lease agreements with the Plaintiff, and Defendant B entered into a facility lease agreement with the Plaintiff to change the joint and several surety of each of the above lease agreements from E to Defendant B, and jointly and severally guaranteed the Defendant Company’s obligation under each of the above lease agreements.
Each lease contract of this case was terminated on October 29, 2012 when the Plaintiff notified the termination on the ground that the monthly rent of the Defendant Company was three times in arrears.
As of the date of termination of each lease contract of this case, the provision loss amount to be paid by the Defendants to the Plaintiff was KRW 338,698,962 (i.e., KRW 126,382,317, and KRW 212,316,645, which is the second lease contract of KRW 126,382,317). However, as the Plaintiff collected and disposed of each lease of this case, the provision loss amount to be paid by the Defendants to the Plaintiff was the total amount of KRW 92,83,250 (i.e., KRW 33,736,605, KRW 59,645, which is the second lease contract of KRW 33,736,605).