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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 113,709,250 and KRW 74,221,809 among them. From July 13, 2019.
Reasons
1. Judgment on the plaintiff's claim
A. 1) The Plaintiff is the Defendant Company B (hereinafter “Defendant Company”) on March 24, 2017.
(2) The term “instant lease agreement” (hereinafter referred to as “instant lease agreement”) with the following terms and conditions:
A) At the time, Defendant C, the representative director of the Defendant Company, signed and sealed the instant lease agreement on the same day. The Defendant Company acquired the leased article on the same day. The acquisition cost: KRW 205,056,955; KRW 3,773,940; KRW 3,773,940; KRW 3,773,940; KRW 110; overdue interest rate: KRW 25 per annum; KRW 60; KRW 60; KRW 246,068,346 (Acquisition’s KRW 120 per annum). According to the standard automobile lease agreement applicable to the instant lease agreement, where the Defendant Company delays monthly rent on more than one occasion, the Plaintiff Company may terminate the instant agreement and claim the refund of the automobile at the time (Article 20); and in this case, the Defendant Company may pay the Plaintiff Company’s damages for delay at the rate of KRW 25,275 per annum per annum per annum per annum per annum per annum per annum per annum per annum per year (Article 2825).
3) At the time of August 9, 2018, the amount of damages stipulated under the instant lease agreement was KRW 164,526,726; damages for delay was KRW 18,25,700; the expenses for provisional payment was KRW 182,770; KRW 183,325,200; and thereafter, the Defendant Company repaid KRW 91,000,000 on August 24, 2018; the Plaintiff’s expenses and refund incurred as to the said lease agreement, and as a result, appropriated the principal and expenses as indicated below, the principal amount of the damages was KRW 74,221,809; damages for delay was KRW 36,315,507; the expenses for provisional payment were KRW 31,70; the expenses were paid KRW 31,71,934; and the Defendant Company paid KRW 200,00 on KRW 91,137,200.