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1. The Defendants jointly and severally pay to the Plaintiff KRW 67,034,842 and KRW 56,264,851 among them.
Reasons
1. Facts of recognition;
A. The plaintiff is a financial company that conducts installment financing business or facility leasing business, and the defendant A is a person who has entered into a contract for vehicle leasing with the plaintiff, and the defendant B is a joint and several surety for the defendant A's obligations under the above contract.
B. On April 30, 2012, the Plaintiff entered into a motor vehicle leasing agreement with Defendant A with respect to the motor vehicle of KRW 10 million for advance payment, KRW 36 months for the lease period, KRW 2,548,700 for monthly lease, and KRW 24% for overdue interest rate (hereinafter “instant agreement”).
The applicant column of the lease contract of this case has the name and seal of the defendant A, and the defendant B guaranteed the obligation under the contract of this case.
C. The main contents of the terms and conditions attached to the instant contract are as follows.
1) Article 2(4) of the Act provides that a contract may be terminated in cases where a customer delays monthly rent at least twice consecutively. Article 20(2) of the Act provides that the customer may bear the burden of the customer.
3) Article 22(2) of the Act provides that if the contract is terminated, the customer shall pay the fee for early termination and the fee for damage incurred during the lease period in addition to the burden of all the fees for the transfer of the ownership of the motor vehicle and the cancellation of the collateral security. D. The Defendant A began to delay part of the rent on February 25, 2014. The Plaintiff terminated the instant lease agreement on September 2, 2014, and recovered KRW 31.2 million remaining after the Defendant A’s repayment of the debt to the third party out of the sales price following the sale of the instant vehicle returned by the Defendant A. E. At the time of termination of the instant contract, the obligation that the Defendant A is obliged to pay to the Plaintiff at the time of termination of the instant contract is the principal of the claim (e).