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1. The Defendants jointly and severally committed against the Plaintiff KRW 49,175,262, and Defendant A Co., Ltd. from August 3, 2016.
Reasons
1. Facts of recognition;
A. On September 1, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant agreement”) with Defendant A Co., Ltd. (hereinafter “A”) on the lease of temporary materials, such as water pumps, etc., and Defendant B Co., Ltd (hereinafter “B”), and C jointly and severally guaranteed Defendant A’s obligation to the Plaintiff.
B. The Plaintiff supplied temporary materials to Defendant A by February 29, 2016 under the instant contract. On the other hand, at the time of the conclusion of the instant contract, the rent was decided to be decided on the last day and 30 days, and the Defendant A agreed to pay the Plaintiff the amount of 85% of the purchase price of the leased goods at the cost of loss. As of February 2016, the rent that Defendant A is liable to pay to the Plaintiff as of May 18, 2016 remains in total KRW 37,875,362, and the fee that Defendant A is to pay to the Plaintiff as of May 18, 2016 is KRW 11,29,900.
[Ground of recognition] Defendant A, B: Each entry in Gap evidence Nos. 1 through 11, and 13 (including each number), the inquiry result about the president of the Korean Family Association, which is an incorporated association of this court, and the purport of the entire pleadings, Defendant C: by service by public notice (Article 208(3)3 of the Civil Procedure Act)
2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the rent and the amount of loss (=37,875,362 won 11,29,900 won) and damages for delay at the rate of 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 27, 2016 to the date of full payment, as sought by the Plaintiff, on August 3, 2016, Defendant A, who is the day following the delivery of a copy of the complaint of this case, as sought by the Plaintiff.
3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.