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1. Defendant A Co., Ltd shall deliver to the Plaintiff the goods listed in the separate sheet.
2. The Defendants are jointly and severally liable.
Reasons
1. Basic facts
A. On April 29, 2014, the Plaintiff entered into a lease agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the attached list (hereinafter “instant goods”), whereby the acquisition cost is KRW 400 million, KRW 9,495,240 per month, lease period of KRW 36 months, overdue interest rate of KRW 25 percent per annum (hereinafter “instant lease agreement”). Defendant B jointly and severally guaranteed the Defendant Company’s obligation to pay the lease fee.
(hereinafter referred to as “joint and several sureties of this case”). (b)
The content of the instant lease agreement related to the instant case is as follows.
(‘A’ means the Defendant Company, “B” means the Plaintiff). The ownership of the goods of Article 10.
1. A is limited to the right to possess and use an article under this Agreement during the lease period, and in no case the ownership and other rights to an article shall be assigned to A.
Where any of the following provisions of Article 20 termination of a contract occurs to A, B may notify A of the correction of the violation within a reasonable period specified, and if A does not comply with such request within such period, B may terminate this contract:
Provided, That this contract may be terminated without a peremptory notice where it is impossible to correct the nature of the matter.
5.If the obligation under this contract or any other contract entered into with A has not been discharged at the due date or has violated the provisions concerning any important prohibited act under the contract, Section B may take one or more of the following measures, regardless of whether the contract is terminated or not, in accordance with the respective provisions of this contract, at the time of the occurrence of the cause of termination of the contract under Article 21:
2. Claim and disposition of the goods concerned; and
3. Claim for the aggregate of Gap's obligations to Eul and damages for delay under this Agreement, such as a stipulated loss, overdue lease, etc., and claims for the payment of the stipulated loss amount by Gap, shall not be affected on the ground of the return of the article.
Article 22. The amount of losses 1.