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1. The Defendants jointly and severally liable to the Plaintiff for KRW 27,062,108 and KRW 27,032,186 among them shall be the Defendant from October 14, 2014.
Reasons
1. Basic facts
A. On February 21, 2014, the Plaintiff entered into a facility lease agreement (hereinafter “instant lease agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant A”) as follows, and Defendant B jointly and severally guaranteed the obligation related to the instant lease agreement.
Model Name: Amount of vehicle: 29,70,000 won lease deposit: 5,940,000 won overdue interest rate: 10.5% overdue interest rate: 24.0% overdue interest rate: 679,900 won per month.
B. Defendant A was in arrears at least twice, and on October 6, 2014, the Plaintiff sent to Defendant A a notice that the lease agreement should be terminated unless the lease agreement is paid by October 13, 2014. Defendant A did not pay the lease fee in arrears to the Plaintiff by October 13, 2014.
C. As of October 13, 2014, Defendant A’s obligation to pay to the Plaintiff is KRW 27,062,108 (the late payment penalty of KRW 1,915,426, the late payment penalty of KRW 40,000, the late payment penalty of KRW 29,922, the late payment penalty of KRW 31,016,760 - the lease deposit of KRW 5,940,00).
[Ground for Recognition] Defendant A: Each entry in the evidence No. 1 to No. 7, and the purport of the whole pleading
2. Determination
A. According to the above facts, since the lease contract of this case can be acknowledged as terminated due to the late payment of the rent of Defendant A, the Defendants are jointly and severally liable to pay to the Plaintiff 27,062,108 won and 27,032,186 won from October 14, 2014 to October 29, 2014, the delivery date of a copy of the complaint of this case, Defendant A, while Defendant B, from October 16, 2014, the delivery date of a copy of the complaint of this case, to October 16, 2014, are 24% per annum and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
B. Defendant B’s signing and sealing on the instant lease application form by the head of the Dbu who was an employee at the time he/she held office as the representative director of Defendant A. However, he/she has received a request to formally sign and seal it, but he/she seeks explanation on the instant lease agreement.