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1. The Defendants jointly and severally pay to the Plaintiff KRW 57,986,236 and KRW 47,614,894 among them.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into an operational lease agreement with Defendant B on the vehicles D, with the following contents, and Defendant C signed and sealed the said agreement as a joint contractor for the said activities:
24% per annum on October 27, 2018: 78,100,000 won on February 26, 2018; 1,246,160 won per annum; and
B. At the time of the above agreement, when the Defendants paid a certain amount of rent on the date of each month and delayed payment for not less than two months from the time when the lease was to be paid, when they transferred the mortgaged goods to the Plaintiff for the purpose of harming the Plaintiff and inflicted damage on the Plaintiff, when they transferred the mortgaged goods to a third party for use or profit-making, or when they infringed on the Plaintiff’s ownership, they shall lose the benefit of time and the contract is terminated, and the leased vehicle shall immediately return the mortgaged goods to the place designated by the Plaintiff and pay in full
C. The Defendants did not pay rent from April 25, 2016, thereby losing the benefit of time pursuant to Article 8(2) of the Credit Basic Transaction Terms and Conditions and Article 20 of the Lease Standards Terms and Conditions, and returned the leased vehicle to the Plaintiff around May 10, 2017.
On May 17, 2017, the Plaintiff terminated the operation lease agreement, and received 36,395,000 won from the sale price of the vehicle subject to restriction on the sale of the leased vehicle after selling the leased vehicle through the public sale procedure, and the Plaintiff paid 84,309,894 won from the total of the settlement amount of termination as of May 17, 2017 as of May 17, 2017, the unpaid principal was 47,914,894 won (=84,309,894 won - 36,395,00 won).
E. As of March 7, 2019, the amount of termination that the Defendants shall pay to the Plaintiff as of March 7, 2019 is KRW 57,986,236 in total (i.e., the unpaid principal at KRW 47,914,894 overdue interest at KRW 9,902,181, KRW 169,161).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings
2. According to the above facts of recognition, the defendants are the defendants.