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1. The Defendants jointly and severally pay to the Plaintiff KRW 90,342,146 and KRW 65,214,039, among them, shall be repaid from November 5, 201.
Reasons
1. Facts of recognition;
A. On September 10, 2005, the Plaintiff entered into a lease contract (hereinafter “instant contract”) with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) by setting the lease amount of KRW 62,092,450, lease period of KRW 36 months, delay damages rate of KRW 24% per annum, and Defendant D guaranteed the Plaintiff’s obligation under the instant contract.
B. On November 4, 2011, the Plaintiff terminated the instant contract on the grounds that the Defendant Company delayed the payment of the lease fee under the instant contract. As of the same day, the principal amount of the lease fee obligations under the instant contract is KRW 65,214,039, and damages for delay arising from the agreed delay damages rate is KRW 25,128,107.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (Defendant D's defense that Gap's evidence No. 1 was forged, but there is no evidence to prove that the authenticity of the whole document was presumed to have been forged due to the lack of dispute over the defendant D's seal image part, and there is no other evidence to prove that the whole document was forged)'
2. Determination:
A. According to the above facts, the Defendants are jointly and severally liable to pay the amount equivalent to KRW 90,342,146 (=65,214,039 KRW 25,128,107) and damages for delay calculated at the rate of 24% per annum, which is the rate of delay damages, from November 5, 201 to the date of full payment, as to the principal amount of KRW 65,214,039, out of which is 65,214,039.
B. As to this, the Defendants asserted that the Plaintiff’s above lease fee claim expired after the lapse of five years of extinctive prescription.
As above, it is evident that the instant lawsuit was filed five years after the termination of the instant contract.
However, according to the evidence Nos. 6 through 12, the Defendants prepared to the Plaintiff a notarial deed on the obligations under the instant contract (No. 9861 in 2005). ② The Plaintiff’s notarial deed on the said bill against the Defendants.