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1. The Defendant (Appointed Party) and the Appointed Party B shall be the Plaintiff:
(a) Joint and several 210,521,093 won and the same shall apply thereto.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company specializing in credit business, and the Selection B (hereinafter “Defendant B”) and the Defendant (Appointed Party A; hereinafter “Defendant A”) operate the “C” as both husband and wife.
B. On October 1, 2014, the Plaintiff and Defendant B entered into a lease agreement (hereinafter “the instant lease agreement”) with respect to the goods listed in the attached Table 1 (hereinafter “the instant lease agreement”) with the rate of KRW 1,389,518,66,387, and the rate of delay damages for the period of 36 months, the acquisition cost of KRW 33,484,454, monthly rent of KRW 1,389,518, KRW 6,86,387, and KRW 25% per annum from April to 36 months.
Article 25 of the Lease Contract of this case provides that when the plaintiff claims the return of the goods because the lease contract of this case is terminated or terminated, the defendant B shall promptly return the goods.
C. In order to secure all obligations under the instant lease contract on the same day, the Plaintiff and Defendant B entered into a contract for transfer security (hereinafter “instant contract for transfer security”) with the purport of providing the Plaintiff with the object No. 2 listed in the [Attachment List No. 2 owned by Defendant B (hereinafter “instant mortgaged object”) as a transfer security (hereinafter “instant contract”).
Article 10(1) of the instant security agreement provides that when the lease contract is terminated, the Plaintiff may claim the return of the said article, and the Defendant B shall immediately discontinue the use of the article and immediately return it at his own expense at the place designated by the Plaintiff.
As to the instant lease contract with the Plaintiff on the same day, Defendant D entered into a joint and several surety agreement with the Plaintiff, stating that “The Defendant B, including the obligation to pay stipulated losses, guaranteed all obligations owed by the Plaintiff under the instant lease agreement or in connection with the instant lease agreement, and fulfilled obligations jointly and severally with the Defendant B.”
E. Since then, Defendant B was in arrears with the payment of the lease fee under the instant lease agreement, the Plaintiff was above Defendant B around August 2015.