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1. The Defendants jointly and severally pay to the Plaintiff KRW 37,815,286 and KRW 31,773,175 among them, from October 18, 2016.
Reasons
1. Basic facts
A. On March 11, 2014, the Plaintiff entered into a facility lease agreement (hereinafter “instant lease agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”). Defendant B jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff under the instant lease agreement.
C
B. Thereafter, the Plaintiff terminated the instant lease agreement around December 15, 2015 in accordance with the terms and conditions of the instant lease agreement, when the Defendant Company failed to pay the monthly rent at least twice.
C. Under the terms and conditions of the instant lease agreement, the amount of damages to be paid by the Defendant Company to the Plaintiff at the time of termination is KRW 62,906,91, which is 110% of the unpaid principal, and the Defendant Company’s obligation to pay KRW 10,371,893, including overdue lease fees, late payment damages, and preservation expenses to the Plaintiff until the termination of the said terms and conditions, and the Plaintiff’s claim against the Defendant Company under the instant lease agreement was totaled KRW 73,278,884.
Upon entering into the instant lease contract, the Plaintiff received KRW 8,500,000 from the Defendant Company as the customer deposit, and received KRW 33,00,000 out of the proceeds from selling the leased object after filing the instant lawsuit, the amount of the claim under the instant lease contract against the Defendant Company would remain at KRW 31,773,175, which deducts the customer deposit and vehicle sales from the above KRW 73,278,84.
(Calculation, 31,778,884 won or the Plaintiff calculated the above amount. Meanwhile, the Plaintiff and the Defendant Company set the rate of damages for delay under the lease contract of this case at 24% per annum, and accordingly, the damages for delay calculated by October 17, 2016 shall be 6,042,111 won.
【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 6 (including virtual number), and the purport of whole pleadings
2. According to the above factual basis, the Defendants jointly and severally paid 37,815,286 won to the Plaintiff ( = 31,773,175 won) and 24% per annum from October 18, 2016, which is the day following the above settlement date, to the day of full payment.