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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 86,946,628 and the interest rate thereon from December 28, 2012 to the date of full payment.
Reasons
1. Basic facts
A. On June 10, 201, the Plaintiff entered into a facility lease agreement (D; hereinafter referred to as the “instant lease agreement”) with Defendant A, who operates C, with the acquisition cost of KRW 190,000,000 for the pan-pon line, for the lease period of KRW 39 months, for the lease deposit of KRW 90,000,000, for the lease fee of KRW 1,254,000 for the lease period of KRW 1,254,00 for the lease period of KRW 3,724,00,00 for 4 through 39 times, for 7.92% per annum, at an overdue interest rate of KRW 25% per annum, and on the same day, delivered the instant lease to Defendant A.
On the other hand, Defendant B guaranteed Defendant A’s debt owed to the Plaintiff according to the instant lease agreement on the same day.
Article 20 (Termination of Contracts by Financial Companies) (2) Where a customer delays monthly rent at least two consecutive times, the financial company may request the customer to terminate the contract after notifying the customer of the delay of performance of the obligation and to return the leased article by not later than three business days prior to the date of termination of the contract, and where the customer fails to notify the customer by not later than three business days prior to the date of termination of the contract, the date three business days after the date the actual notification is delivered shall be
(4) Where a contract is terminated due to the occurrence of a cause under this Article, a customer shall pay an early termination commission or a stipulated loss under Articles 23 and 24 to the financial company according to the method of handling leased goods.
Article 22 (Termination of Lease Contract) (2) In cases of early termination under Articles 20 and 21, customers shall pay fees for early termination and money for losses incurred under Articles 24 and 25, and compensate for losses incurred during the lease period in addition to bearing all fees following the transfer of ownership on leased property and the cancellation of the collateral security.
Article 23 (Aggravated Termination Fees) (1) In case of returning leased goods for earlier termination, the customer shall be within the scope permitted by law.