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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 71,369,720 and the interest rate thereon from December 27, 2014 to the date of full payment.
Reasons
1. Comprehensively taking account of the overall purport of the arguments as to the grounds for the claim Gap's evidence Nos. 1 through 5, Defendant A Co., Ltd. entered into a lease agreement between the Plaintiff on April 10, 2014 with the Plaintiff as to Rawls 2, and Defendant B and C Co., Ltd. jointly and severally guaranteed the Defendant A's obligation to the Plaintiff. According to the above lease agreement, the loan amount is KRW 100 million, the lease period is KRW 36 months, the lease period is 25% per annum, and the lease interest rate is 25% per annum. According to the terms and conditions applicable to the above lease agreement, if the lease fee is overdue for more than one month, the interest during the lease period shall be lost and the Defendants shall immediately pay the lease fee. Defendant A Co., Ltd. did not pay the lease fee from October 21, 2014, the debt balance as of December 26, 2014 is not acceptable.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the balance of KRW 71,369,720,000 (= KRW 91,095,780, KRW 10,273,940 - KRW 30,000) and damages for delay calculated at the rate of 25% per annum from December 27, 2014 to the date of full payment, which is the following day.
2. Judgment on the defendants' assertion
A. Although the Defendants asserted that Defendant A and C were unable to perform their obligations due to the lack of financial standing at present, such circumstance is not a ground for refusing the Plaintiff’s claim.
B. Defendant B’s assertion that Defendant B only lent the name of the representative and it is not a real representative of Defendant 1 and 3. Thus, Defendant B’s assertion that it is not a joint and several liability as a joint and several surety, since Defendant B’s signature and seal on the column of joint and several surety of the lease contract in addition to the name of the juristic person, and as long as Defendant B clearly expressed his intent to the joint and several surety in the name of the
3.