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1. The Defendants jointly and severally pay to the Plaintiff KRW 39,711,90 and KRW 21,675,368, among them, from January 18, 2018.
Reasons
1. Facts of recognition;
A. On December 30, 2011, the Plaintiff entered into a facility lease agreement (hereinafter “instant lease agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”) as follows, and Defendant B and C jointly and severally guaranteed all obligations under the said lease agreement with the Plaintiff. On December 31, 2014, the expiration date of the 36-month overdue interest rate of 24% per annum for the 59,400,000 monthly overdue interest rate of 1,561,944 won per annum for the monthly overdue interest of KRW 59,40,000, KRW 1600, KRW 400 per annum for the monthly rent of KRW 59,40, KRW 561,944, KRW 40 for the model of DSS 1600, KRW 2, 01781, 09723.
B. 1) The Defendant Company: (a) on December 27, 201, prior to the conclusion of the said lease agreement, the machinery described in the said paragraph from D Company (hereinafter “instant machinery”)
(2) On December 28, 201, the Plaintiff entered into a sales contract for the instant machinery with a D company on December 29, 201, after receiving a written estimate on the said machinery. The Plaintiff entered into a sales contract for the instant machinery with the D company on December 29, 201 by means of the document verification (shot reading) method. 2) Thereafter, the Plaintiff entered into a sales contract for the instant machinery with the buyer (A), D company’s seller (B), and the Defendant company as the lessee. The Plaintiff received the instant machinery from the Defendant company.
3) The instant machinery was owned by F, Inc., a company run by E., and due to the double transfer of the said machinery to G and H, H filed a suit of objection against G with the Daegu District Court Seo branch of the District Court 201Gadan24863. Meanwhile, around October 2011, G and I, who did not pay debt, sold the instant machinery to D companies, and D companies sold the instant machinery as described in paragraph (1) of the said Article to the Defendant Company by means of I’s brokerage.
4 With regard to “the right to claim ownership transfer due to sale and purchase” as a preserved right, H filed an application with G for provisional measures prohibiting the possession of corporeal movables in relation to the instant machinery, etc. under the 2012Kahap2 by the Seo-gu District Court Branch Branch Office of the Daegu District Court.