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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 171,166,053 and the interest rate thereon from January 29, 2015 to the date of full payment.
Reasons
1. The following facts are acknowledged according to the respective descriptions of Gap evidence Nos. 1 through 3 (including each number) and the purport of the whole pleadings.
On April 1, 2014, May 7, 2014, when a lease agreement was entered into, the lessee changed the lessee’s cutting machine (2005 type), erostr, CNCV female string machine, cNC string machine, nC lowerr, and NC lower-oriented string machine to new products. The remainder is not changed by 157,000,000 won 208,500,000 won 208,50,000 won each month or 3,207,710 won each month or 4,259,920 won each month, 31,400,000 won lease deposit, 41,700,000 won per annum 25% per annum.
A. The Plaintiff operating the lease business entered into a lease agreement with the Defendant Limited Company A (hereinafter “Defendant Company”), which partially modifies the terms and conditions as follows (hereinafter “instant agreement”).
Defendant B guaranteed the Defendant Company’s obligation under the instant contract to the Plaintiff.
B. The Defendant Company did not pay rent from November 15, 2014 when it used leased articles by the Plaintiff. On the ground of this, the Plaintiff notified the Defendant Company of the termination of the instant contract on January 28, 2015, and on the same day, the said notification was issued to the Defendant Company.
C. The amount to be paid by the Defendants to the Plaintiff upon termination of the instant contract is KRW 171,166,053 in total as of January 28, 2015 (i.e., overdue lease amount of KRW 13,565,846, supra (i.e., KRW 199,300,207 - Lease Deposit of KRW 41,70,000).
2. Therefore, the instant contract was lawfully terminated in accordance with the Plaintiff’s notice of termination, and the Defendants jointly and severally are liable to pay to the Plaintiff the amount of KRW 171,166,053 as well as damages for delay calculated at the rate of 25% per annum from January 29, 2015 to the date of full payment. Thus, the Plaintiff’s claim against the Defendants is justified, and it is so decided as per Disposition.