beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 32,325,079 and KRW 31,234,757 out of the said money. From August 1, 2018.
Reasons
1. On February 8, 2017, the Plaintiff entered into an agreement for automobile leasing (facility leasing) with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the following terms, and on the same day, the representative of the Defendant Co., Ltd entered into the said agreement as joint and several surety.
The acquisition cost: 44,240,873 won, monthly rent: 745,130 won: overdue interest rate: 57% lease period: 57 months: FS60-D4 lease deposit: 10,000 won: 53,089,048 won - monthly rent for two consecutive times or more, the Plaintiff may cancel the contract. In the case of early termination, the Defendant Company agreed to pay the Plaintiff all obligations including the amount agreed to be paid by the Defendant Company on the terms of the agreement, such as early termination commission, regulation, damages, and unpaid rent by the date of termination, but the Defendant Company’s payment of monthly rent on June 22, 2018 was terminated as of June 31, 2018, and accordingly, the amount of the above lease contract was terminated as of July 31, 2018, and the Plaintiff’s total amount of the claim is KRW 35,375,375,375,3755.375
D was declared bankrupt on January 11, 2019 by Suwon District Court (2018Hadan100960) and was appointed as a trustee in bankruptcy on the same day and taken over the instant lawsuit on March 17, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 9, the purport of the whole pleadings
2. According to the above facts of recognition, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 25% per annum with respect to KRW 32,325,079 and KRW 31,234,757 from August 1, 2018 to the date of full payment (Provided, That the joint and several guarantors are within the maximum amount of the guaranteed liability).
3. Accordingly, the Plaintiff’s claim against the Defendants is justified and it is so decided as per Disposition by the assent of all.