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1. The Defendants jointly and severally pay to the Plaintiff KRW 70,046,210 and KRW 69,719,385 among them.
Reasons
1. Basic facts
A. On July 1, 2011, the Plaintiff entered into a lease agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the terms that the Plaintiff leased CA-cus vehicle at a lease period of 36 months, lease deposit of 10,784,00 won, lease deposit of 2,939,200 won per annum, and delayed interest rate of 24% per annum (hereinafter “instant lease agreement”).
B. On March 25, 2013, the Defendant Company did not pay the lease fee after the instant lease agreement, and the Plaintiff notified the Defendant Company that the instant lease agreement will be terminated without any separate notice of termination on March 25, 2013.
C. The Defendant Company did not pay the Plaintiff the overdue lease fee and damages for delay by March 25, 2013, and the said Ecoos car was not returned.
On May 20, 2013, the obligation to pay the settlement amount to the Plaintiff by the Defendant Company as of May 20, 2013 is KRW 70,046,210 (i.e., the settlement lease fee of KRW 2,449,334, KRW 59,597, overdue lease fee of KRW 8,817,60, KRW 279,600, KRW 326,825, KRW 700, KRW 3,284,252, KRW 65,685,05, KRW 00, KRW 10,784, KRW 00, KRW 142,055).
[Reasons for Recognition] Defendant Company: The entries in Gap evidence Nos. 1 to 5, and the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the claim against the Defendant Company, the instant lease agreement was terminated on March 25, 2013. Therefore, the Defendant Company is obligated to pay to the Plaintiff delay damages for KRW 69,719,385, excluding the settlement amount of KRW 70,046,210 and the remainder of delay damages.
B. (1) The plaintiff alleged by the party to the claim against the defendant B was jointly and severally guaranteed by the defendant B's obligation to the plaintiff of the defendant company under the lease contract of this case, and the defendant B is the defendant company.