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1. The defendant shall pay to the plaintiff the amount of KRW 238,830,811 and the amount of KRW 106,728,528 among them, which shall be paid in full from July 5, 2019.
Reasons
1. Determination as to the cause of claim
A. (i) The Plaintiff is a specialized credit finance business company specializing in personal credit loans, facility leasing business, installment financing, corporate loans, etc.
Under the Defendant’s joint and several guarantee, the Plaintiff entered into an agreement on facility leasing (hereinafter “instant facility leasing agreement”) with the non-party F Co., Ltd. (hereinafter “non-party F”) registered as the representative director, as follows:
Details of sirens: The period from August 30, 2013 to August 29, 2016: Lease fees: 1 to August 36, 2016: KRW 7,198,34 each month; and the payment date: KRW 330,00,000; KRW 132,00,000; KRW 132,00,000,000 for lease deposit; the Defendant, who is a primary debtor company and a joint guarantor, as the primary debtor, was in arrears of the rent from September 6, 2014; the Plaintiff lost its interest pursuant to Article 8(2)2 and 8(3)6 of the Basic Terms and Conditions for Credit Transactions, etc.; and even if Nonparty Company did not comply with the termination of the lease agreement, it did not request the return of the remaining principal and overdue interest.
As of July 4, 2019, the non-party company and the defendant, as of July 4, 2019, committed an obligation to pay 132,102,283 won to the plaintiff for the balance of principal under the lease agreement (applicable by annual rate of 8.3%) and for the interest and other expenses up to that time.
[Ground of recognition] Facts without dispute, entry of Gap1 to 5 evidence, purport of the whole pleadings
B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 238,830,811 and the amount of KRW 106,728,528, whichever is less than 8.3% per annum from July 5, 2019 to the day of full payment, barring special circumstances.
2. Judgment on the defendant's assertion
A. The defendant's assertion.