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1. The defendant shall pay to the plaintiff the amount of KRW 101,636,398 and the amount of KRW 95,531,494 from April 17, 2019 to the day of full payment.
Reasons
1. Facts of recognition;
A. On August 16, 2017, the Plaintiff entered into a lease agreement with C Co., Ltd. (hereinafter “C”) with respect to the two parts of the JAF as set out below [Attachment 1] (hereinafter “instant agreement”). In the event C files an application for rehabilitation, the Plaintiff agreed that the instant agreement may immediately terminate and claim the balance lease fee, early termination fee, provision damages, excess operation fee, and the return of the automobile.
[Attachment 1] On August 23, 2017, 1,897, 315: 2-60 installments on August 60, 2017, 1,77, 474,430, 112,957, 328, 130,00 E on August 22, 2017: 24% on August 60, 2017: 1,774, 430, 957, 328, 130, 130: 24% E on August 22, 2017: 1,897, 315 2-60 installments: 1,774, 430, 957, 328, 130,000%
B. On August 16, 2017, the Defendant jointly and severally guaranteed C’s obligation under the instant contract with the maximum amount of KRW 112,700,000 for D vehicles, and KRW 112,80,000 for E vehicles.
C. C filed an application for rehabilitation on January 23, 2018, and was decided to commence rehabilitation proceedings with the Changwon District Court 2018 Gohap1005 on March 9, 2018.
On April 3, 2018, the Plaintiff sent to C a certificate of content that “the instant contract shall be immediately terminated,” and the said certificate reached C around that time.
E. C’s overdue lease charges and late payment charges after deducting a security deposit as of April 16, 2019 are as listed below [Attachment 2].
D 47,595,616 3,053,053,874 50,649,49,490 E 47,935,878 3,051,050,030,649,49,490 aggregate 95,531,4946,104,904, 101,298,980 [Attachment 2] / [Attachment 2] of the fact that there is no dispute over the grounds for recognition
2. According to the above facts of determination, Defendant B’s totaling KRW 101,636,398 as of April 16, 2019 due to the performance of joint and several liability obligations to the Plaintiff (=totaling KRW 95,531,494 in arrears interest amounting to KRW 6,104,90 in arrears interest amounting to totaling KRW 95,531,494 in arrears interest amount) and KRW 95,531,494 in arrears interest amounting to the above calculation basis date.