beta
Text
1. The Plaintiff:
A. The defendant limited liability company A and B are jointly and severally 129,428,393 won and 129,056,408 won out of the above amount.
Reasons
1. Facts of recognition;
A. On February 13, 2013, the Plaintiff entered into each of the siren contracts of this case (hereinafter “Defendant A”).
3) Ccorporeal movables listed in [Attachment 1] and attached Table 1 (hereinafter “instant 1 machinery”).
(3) As to the period of siren period from February 14, 2013 to February 13, 2016, the rental fee of KRW 2,197,00 per month (excluding value-added tax) and the contract deposit of KRW 13,60,00 for a siren period of KRW 13,60,000 (hereinafter “instant siren period”).
(2) On May 20, 2013, the Plaintiff concluded a siren period from May 22, 2013 to May 21, 2016, with respect to corporeal movables listed in the attached Table 2 (hereinafter “instant machinery”) with Defendant A, and delivered the said machinery to Defendant A on the same day by setting the siren period as KRW 1,981,00 (excluding value-added tax), monthly rental fee as KRW 14,830,000 (hereinafter “instant siren contract”).
3) In each of the instant siren contracts, where a siren user delayed payment of the siren for not less than one month (Article 20(1)), and where he/she had a third party use the sirens without the Plaintiff’s prior written consent, or installed goods at a third party’s workplace, or transferred, furnished, disposed of, leased, or occupied them to a third party (Article 20(4)), the Plaintiff may terminate the said sirens contract (Article 20(4)), and where each of the said sirens contract is terminated halfway, the Defendant A may immediately return each of the instant sirens to the Plaintiff (Article 27(1)) (Article 27(4)). Defendant B as the representative of the Defendant A, and jointly and severally guaranteed the Defendant A’s debt payment, such as the Defendant’s sirens fee, under each of the instant siren contracts.
B. Defendant A’s transfer/acquisition contract 1) Plaintiff E (hereinafter “E”)
Defendant A is a company that supplied each of the instant machinery, and Defendant A is a whole of the equipment installed in Defendant A for the repayment of the debt of KRW 650 million to E on October 31, 2012.