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1. The plaintiff
A. Defendant C’s KRW 64,100,000 and for this, KRW 6% per annum from June 3, 2018 to July 10, 2018.
Reasons
1. Basic facts
A. On January 12, 2018, the Plaintiff (Lessee) and the Defendant B (Lessee) concluded a lease agreement on construction machinery leased from January 13, 2018 to January 12, 2020, with the lease term of KRW 2,500,000, monthly rent of KRW 2,500,000, and the lease payment date of KRW 20,000, monthly; the lessee entered into a lease agreement on construction machinery leased from January 13, 2018 to January 12, 202 (hereinafter “instant agreement”); and the lessee entered into a lease agreement on construction machinery leased from the lease date of KRW 70,000,00,000, in addition to the special agreement to purchase (excluding additional tax), and the lessee entered into a lease agreement on construction machinery leased from the lease date of KRW 2,50,00,000 (hereinafter “the instant agreement”); and the Defendant C entered into a joint and several surety agreement.
B. The instant contract contains the following contents:
Article 4 [Rent, etc.] (1) Rent, options, transportation charge, etc. shall be the amount specified in the full contract.
(2) If “B” fails to pay the amount referred to in paragraph (1) by the agreed due date, 25 percent (25%) per annum from the due date shall be paid to “A”
Construction machinery lessee A and construction machinery lessee B shall be referred to as "B".
(3) Where "B" has been used at a discount due to a long-term lease, etc. and is returned during the lease period, 50% of the monthly rent for the remainder shall be paid to A.
Provided, That in such cases, the rent of the entire rental period to be paid to "A" shall be separately paid.
Article 8 [Management and Maintenance Matters of Rental Construction Machinery] (2) "A" is responsible for the expenses of parts exchanged by the quantity before the shipment of leased construction machinery, and "B" is responsible for, and expenses of, vehicle fuel during the use of leased construction machinery, vehicle leasing injection, and the parts and expendable parts exchanged by negligence and intention, etc.
Article 11 (Cancellation and Termination of Contracts) (3) Where “B” fails to pay rent to “A” at least once or does not pay rent, etc. for at least five days, “A” shall be deemed “B.”