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1. The Defendants jointly and severally against the Plaintiff’s Intervenor’s Intervenor KRW 388,710,280 and KRW 130,706,897 among them.
Reasons
1. Facts of recognition;
A. 1) E Co., Ltd. (hereinafter “E”)
Defendant C Co., Ltd. (hereinafter “Defendant C”) on February 20, 2012
(2) The following terms and conditions of the lease agreement (hereinafter “instant lease agreement”) are as follows:
(2) Defendant D jointly and severally guaranteed all obligations owed by Defendant C with respect to the instant lease agreement. Defendant C may terminate the lease agreement in cases where a cause for termination of the lease agreement occurs, such as the failure of the lessee to pay the debt to the third party or failure to pay the debt to the third party, or failure to pay the debt to the third party at the workplace owned by the third party without the third party’s prior consent, and the lease agreement in this case provides that the lessee may claim the amount calculated by multiplying the amount of the lease agreement by the interest rate of 10% (the sum of the interest rate for delay shall be calculated by adding up 10% interest rate of the remainder and the principal of the lease agreement, regardless of the termination of the lease agreement, if the cause for termination of the lease agreement occurred, to the extent that the lessee fails to pay the debt under the lease agreement to the third party or violates the provisions concerning important contractual acts.
B. From October 2013 to October 2013, Defendant C delayed the payment of rent for at least three months (208,758,443 won loan balance on December 20, 2013) and the instant lease contract was terminated upon the closure of Defendant C’s business on January 10, 2014. (2) Meanwhile, around April 2014, the Defendants transferred to E all rights, such as the use of and the right to benefit from the said leased object, and signed a written consent for the removal and sale of the leased object to the effect that the Defendants delegated the right to dispose of the machinery as follows.