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1. The defendant shall pay 79,630,860 won to the plaintiff and 24% per annum from June 18, 2020 to the day of complete payment.
Reasons
1. Basic facts
A. On November 27, 2019, the Plaintiff and the Non-Party Company C (hereinafter “Non-Party Company”) jointly and severally guaranteed by the Defendant, the representative of the Non-Party Company, as the lease period of Non-Party Company D (hereinafter “Non-Party Company”) 60 months, lease fees, including automobile tax, 1,543,800 won, deposit money, 20,417,000 won, and the non-party Company 1,543,800 won, including automobile tax, 20,417,000 won
1%x (the total number of months during the remaining period) calculated at the rate of 1%x (the total number of months during the remaining period), but the contract was entered into with the minimum amount of 500,000, maximum amount of 90,000 won, and damages for delay agreed at the rate of 24% per annum (hereinafter “the instant lease contract”).
B. In concluding the above contract, the non-party company approved that each of the terms and conditions of the lease agreement shall be faithfully performed, and if the lease fee to be paid each month is not paid at least once, the lease agreement is terminated earlier, and the overdue lease fee and the amount of the overdue lease shall be paid at once by adding the compensation for delay of the agreed interest rate to the agreed interest rate.
C. From May 5, 2020, the non-party company started to delay the lease fee and terminated the lease contract of this case. When the non-party company settle accounts with the plaintiff as of June 17, 2020, the content of the obligation to be borne by the non-party company according to the lease contract of this case is as follows:
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings.
2. According to the judgment and the facts of the above recognition, the defendant, as a joint guarantor of the non-party company, is obligated to pay damages for delay calculated at the rate of 24% per annum, which is the overdue interest rate from June 18, 2020 to the date of complete payment, after deducting KRW 20,417,000,00 from the total amount of debts borne by the non-party company pursuant to the lease contract of this case as a joint guarantor of the non-party company and deducting KRW 100,047,860 from the total amount of debts borne by the non-party company pursuant to the lease contract of this case, and then the remaining amount