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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 1,933,325,82 and KRW 648,84,603.
Reasons
1. Determination as to the cause of claim
A. Facts of recognition 1) The Plaintiff is a company other than the Plaintiff (hereinafter “company prior to division”) as seen in paragraph (6) of C&A (a) of the original lease agreement and loan agreement.
(2) On April 17, 1997, the lease between Defendant A and Defendant A are WHL DuD CY outside (1,037,50,000 won and USD 2,205,000). The lease period is five years from the date of issuance of the certificate of receipt of the goods; the lease period is one to twelve times each month; USD 11,845,800; USD 14,904; USD 28,196,500; USD 12 through 60; USD 28,96,500; USD 53,946; interest rate is 30,00,000 per annum; interest rate is 19% per annum; and the lease rate is 19% per annum that the pre-division company leases the above goods to Defendant A; and the lease rate is paid to Defendant A to the pre-division company.
B) On May 7, 1997, the Company entered into a loan agreement (hereinafter “loan agreement”) with Defendant A with a loan period of KRW 2 billion for a long-term driving fund of KRW 3 years (one year grace period), repayment of principal in installments in 24 months, monthly payment in 96,784,000 per month after one year’s grace period, interest rate of KRW 14.8% per annum, interest rate of 14.8% per annum, and overdue interest rate of KRW 19% per annum.
C) As the terms and conditions of the original lease agreement are determined, Defendant B and C guaranteed each obligation to Defendant A before the division under the above original lease agreement and loan agreement. 2) As the condition of the original lease agreement becomes final and conclusive, the company prior to the division shall be a cold and hot water developer (acquisition cost of KRW 210,74,600) on April 30, 1997; the lease period shall be five years from the date the certificate of receipt of the article was issued; the lease period shall be 2,432,50 won each month; the lease amount shall be 2,743,100 won each month; the lease deposit shall be 2,107,00 won each month; the overdue interest rate of KRW 19% each year; and the lease amount shall be 19% each month between Defendant A and Defendant A.