beta
Text
1. The Defendants jointly and severally pay to the Plaintiff KRW 15,743,180 as well as KRW 13,584,108 among them, from August 28, 2013.
Reasons
1. Basic facts
A. On December 13, 2012, Defendant A entered into a contract for the lease of an automobile (hereinafter “instant lease contract”) with the Plaintiff with the agreed term of 36 months, monthly rent of 1,114,80 won, and interest rate of delay of 24% per annum. Defendant B guaranteed the Defendant A’s obligation under the instant lease contract with the Plaintiff. The instant lease contract includes an agreement that the Plaintiff shall pay the fees for the termination of the lease agreement, separate from the overdue rent, if the Plaintiff is deemed to have lost the benefit, and if the cause for termination of the contract occurs under the lease contract, the Plaintiff may claim or recover the return of the leased automobile, along with the relevant debt already incurred, if the contract is terminated and the procedure for return of the automobile is completed.
B. Since then, the Defendants failed to pay the lease fees under the instant lease agreement, and the Plaintiff urged the Defendants to pay the lease fees, but did not pay the lease fees, and the Defendants terminated the instant lease agreement on August 27, 2013.
C. Since September 29, 2013, the Plaintiff received the return of the vehicle that became the object of the instant lease agreement, and after the payment of the vehicle, the amount of debt under the instant lease agreement by the Defendants is KRW 13,584,108, interest 263,819, additional tax 1,895,253, total of KRW 15,743,180.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 8 (including branch numbers, if any) and the purport of whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay the amount of KRW 15,743,180 under the instant lease agreement and the amount of KRW 13,584,108, whichever is the principal, to the date of full payment, 24% per annum from August 28, 2013 to the date of full payment.
3. As to the Defendants’ assertion, the Defendants conspired with Nonparty C and D, thereby deceiving the Defendants, and concluded the instant lease agreement.