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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 38,755,906 and 25% per annum from August 26, 2010 to the date of full payment.
Reasons
1. According to the purport of Gap evidence No. 1-1, 2, and 3 (the defendant company fails to submit any evidence proving that the contract, etc. was prepared by another person), Gap evidence No. 3, and the whole arguments, it is acknowledged that the following facts are acknowledged in accordance with the purport of Gap evidence No. 1-2, and Gap evidence No. 3.
A. On August 26, 2009, the Plaintiff entered into a lease agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with respect to the radio equipment, other than radio equipment, the acquisition cost of which was KRW 350,000,000,000, with the rate of 25% per annum, on the basis that the lease term of 48 months, monthly rent of KRW 606,30, and overdue interest rate of KRW 25% per annum, with the Plaintiff’s use of the leased object for the Defendant Co., Ltd. (hereinafter “instant lease agreement”), and on August 31, 2009, the Defendant Co., Ltd supplied the leased object to the Defendant Co., Ltd. (hereinafter “the instant lease agreement”).
B. Defendant B, a representative liquidator of the Defendant Company, was jointly and severally guaranteed the obligation owed by the Defendant Company pursuant to the instant lease agreement.
C. The Plaintiff terminated the instant lease agreement on May 20, 2010, and purchased leased goods at KRW 248.9 million on August 25, 2010, with the amount payable by the Defendant Company to the Plaintiff based on August 25, 2010, is KRW 38,755,906.
2. Determination
A. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff 38,755,906 won and damages for delay calculated at the rate of 25% per annum from August 26, 2010 to the date of full payment.
B. Defendant B’s assertion as to Defendant B’s assertion is null and void due to the defect in the resolution of the board of directors of the Defendant Company, since both the instant lease agreement and the Defendant B’s joint and several liability agreement were concluded through the resolution of the board of directors of the Defendant Company, or through a defective resolution of board of directors in violation of the convocation procedure, it is alleged