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1. The Defendants jointly and severally agreed to the Plaintiff KRW 47,878,94 and 24% per annum from November 3, 2016 to the full payment date.
Reasons
1. The following facts can be acknowledged in light of the following facts: (a) there is no dispute between the parties; or (b) evidence Nos. 2-1, 2, 3-1, 2, and 4; and (c) the purport of the entire pleadings.
On January 16, 2015, the Plaintiff entered into a lease agreement with Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) with the Defendant Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) and delivered the said lease goods to the Defendant Co., Ltd., for the period of 36 months (from January 16, 2015 to January 15, 2018), the acquisition cost of KRW 80 million, monthly rent of KRW 1,813,704, and KRW 1,819,092 (the payment date shall be the 15th day of each month), and the Defendant B jointly and severally guaranteed the obligation of the Defendant Co., Ltd. under the lease agreement.
B. According to the instant lease agreement, if a lessee delays the payment of rent or stipulated loss, or the performance of an obligation under a lease agreement, the lessee shall pay damages for delay at the rate of 24% per annum for the delayed period.
C. After that, the Defendant Company did not pay the rent for a long time, and on March 18, 2016, the Plaintiff notified the Defendants that “In the event that the Defendant did not pay the overdue rent, etc. by March 31, 2016, the Plaintiff terminated the instant lease agreement without any separate notice because it constitutes a ground for loss of the benefit of time.”
The Defendants received the above notification, but did not pay the lease fee, etc. to the Plaintiff up to now.
E. Meanwhile, as of November 2, 2016, the amount that the Defendants are liable to pay to the Plaintiff is KRW 48,540,091, KRW 970,801, KRW 970,801, and KRW 140,845, and KRW 20,010,012, KRW 217, and KRW 217,195, and KRW 71,878,944, in which the amount that the Defendants are liable to pay to the Plaintiff as of November 2, 2016 is the sum of KRW 24,00,000,000,000 paid by the Defendant Company (the first, after deducting the remainder from interest, KRW 47,878,944, which is the principal).
2.