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1. The defendant shall pay to the plaintiff the amount of KRW 70,093,766 and KRW 59,044,392 from October 24, 2017 to the date of full payment.
Reasons
1. On October 29, 2012, the Plaintiff entered into an agreement on the lease of public machinery with B, each time between 2,807,800 won, interest rate of 6.5% per annum, and overdue interest rate of 24%, and the Defendant jointly and severally guaranteed the Plaintiff’s obligation under the lease agreement with B.
On December 31, 2013, the Plaintiff terminated the said lease contract on the ground of delinquency in rent, and according to the terms and conditions applicable to the lease contract, if the lease contract is terminated, the lessee is required to pay damages as stipulated in the terms and conditions. As of October 23, 2017, the amount is KRW 70,093,766 (i.e., the current principal 59,04, 392 late interest plus KRW 11,049,374) as stated in the attached calculation statement as of October 23, 2017.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings
2. According to the above facts of determination, the Defendant, a joint and several surety under a lease agreement, is obligated to pay to the Plaintiff overdue interest calculated at the rate of 24% per annum, which is the overdue interest rate of 70,093,766 won as stipulated in the provision, and the interest rate of 59,04,392 won from October 24, 2017 to the date of full payment.
If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.