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Defendant A and B Co., Ltd. jointly and severally for KRW 60,957,233 and KRW 5,086,033, among themselves, shall be jointly and severally for the Plaintiff.
Reasons
1. Basic facts
A. The parties concerned are companies running automobile rental business, etc.
Defendant B was a former representative of the Defendant Company as of November 29, 2013, and currently is an auditor, and Defendant C is a current representative director of the Defendant Company as of March 17, 2014.
B. Around November 29, 2013, the Plaintiff entered into the instant car rental contract and the Plaintiff’s joint and several surety with the Defendant Company a monthly rental fee of KRW 1,278,000, initial payment amount and KRW 18,690,000 (in cash, KRW 8 million shall be paid, and KRW 10,690,00 shall be replaced by the surety insurance), the contract period from December 14, 2013 to December 13, 2017 (48 months), and the scope of the driver’s license agreement (hereinafter referred to as “instant car rental agreement”).
Defendant B jointly and severally guaranteed all obligations owed by the Defendant Company that is the lessee according to the instant car rental contract.
Of the terms of the instant car rental agreement, the parts related to the instant case are as follows.
(2) If the lessee delays the performance of the obligation owed to the lessor under this contract, the lessee shall have the interest rate of 6% (24% per annum from the date of delay to the date of full payment) of the amount of money and the rate of 6%) interest (24% per annum.
A) Payment of damages for delay shall be made to the lessor, and the calculation of damages for delay shall be calculated on a daily basis, regarded as one year and three hundred and sixty-five days. In the event this contract is terminated or terminated under Articles 13 (Penalty for Termination) and 18 and 19, the lessee shall, without delay, pay the lessor a penalty for early termination calculated by the formula (in the event that the contract is terminated or terminated under Articles 13 (Penalty for Future Cancellation) and 19, 19, referring to the total rental fee x the termination termination termination termination rate x 30% (in the event that it is less
§ 14 (Repaid Pension) ① This contract shall become due or payable.