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1. The Defendants jointly and severally pay to the Plaintiff KRW 66,321,362 as well as KRW 66,242,882 as well as to the Plaintiff from October 1, 2014.
Reasons
1. Facts of recognition;
A. On October 4, 2013, the Plaintiff entered into a facility lease agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) as follows:
(hereinafter referred to as the “instant contract”). The manufacturer company’s model k9 vehicle number C interest rate of 24.00%, monthly lease fee of 1,181,700 won for 48 months, remaining value of 22,201,00 won, insurance premium of 22,201,000 won, penalty and fine for negligence incurred by the driver, etc.
B. At the time of the instant contract, the Plaintiff notified the Defendant Company of the payment of overdue rent, etc. upon the occurrence of the cause for the loss of overdue rent, etc. under the lease agreement. If the Defendant Company failed to pay the overdue rent, the Plaintiff lost the overdue interest if it did, and agreed to claim the return of the leased vehicle or recover the vehicle from the relevant debt already incurred, and the Defendant Company agreed to compensate the Plaintiff for the amount of the vehicle damage separately from the overdue rent in the event that the lease agreement is terminated and the return of the vehicle is not performed or completed.
C. Defendant B, on the same day, guaranteed the Defendant Company’s obligations under the instant contract.
Defendant Company did not pay lease fees over several occasions, and the Plaintiff terminated the instant contract on September 30, 2014.
E. At the time of termination of the instant contract, the overdue lease fee was KRW 3,822,00, KRW 340,513, KRW 340,513, KRW 780, KRW 67,366,369, KRW 67,369, and KRW 5,286,00, and KRW 66,321,362 in total for the remaining damages (= KRW 3,82,000, KRW 340,67,366,369, KRW 5,286,00, and KRW 666,362 in total).
[Ground of recognition] Facts without dispute, Gap 1-8 evidence, purport of whole pleadings
2. The instant contract on the cause of the claim is determined on September 30, 2014 by nonperformance of the obligation of the Defendant Company.