1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. Facts of recognition;

A. On July 27, 2007, the Effective Capital Co., Ltd. (hereinafter “effective Capital”) entered into a lease agreement with Defendant A, setting the lease agreement at the rate of 2 parts of the cut machines from August 3, 2007 to August 3, 2010, the lease agreement at the rate of 9,62,316 won, and 7.6% agreed upon (hereinafter “the instant lease agreement”), and the Defendant B Co., Ltd (hereinafter “Defendant Company”) jointly and severally guaranteed the obligation under the instant lease agreement, such as the payment of lease fees.

B. From September 13, 2007 to July 1, 2009, Defendant A paid the lease fee of 20 times from September 13, 2007 to July 1, 2009, and the lease fee of 21 to 25 times was overdue.

Therefore, on September 7, 2009, filial Capital terminated the lease contract of this case for reasons of delinquency in rent, and upon occurrence of reasons for termination of the contract, the lessee sold the machinery subject to the lease of this case for KRW 130,000,000 and appropriated the proceeds from the sale for the repayment of claims under the lease contract of this case pursuant to Article 21 subparagraph 2 of the lease contract providing that in case of termination of the contract, the lessee may dispose of the object subject to the lease and appropriate the proceeds from the disposal of the object for the repayment of obligations.

C. After that, on June 28, 2013, filial Capital transferred the lease amount of KRW 11,997,587 (a separate interest) that the Plaintiff had against the Defendant A to the Plaintiff, and the Plaintiff notified the Defendants of the assignment of the lease amount on behalf of the Defendants.

The remainder of the lease claim in July 21, 2014 that the Plaintiff acquired by transfer is the principal of KRW 11,97,587, interest of KRW 50,730,063, and the overdue interest rate determined by the Plaintiff is 17% per annum.

[Ground of recognition] Facts without dispute, entry of Gap's evidence 1 to 5, witness C's partial testimony, purport of whole pleadings

2. According to the facts found in the above determination, the instant lease agreement was lawfully terminated on the grounds of the Defendants’ delinquency in rent, and the Plaintiff acquired the remainder of the claim that was not repaid even after disposing of the leased machinery. Accordingly, the Defendants are jointly and severally liable until July 21, 2014 to the Plaintiff, the transferee of the said remaining claim.