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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 164,047,723 as well as KRW 101,369,272 as from February 17, 2016.
Reasons
1. The facts under the facts of recognition do not conflict between the Plaintiff and the Defendant, or can be acknowledged by comprehensively taking account of the overall purport of the pleadings as to the entries in Gap evidence 1-1, 2, 2, 2, 3, 1-4, 5-9, and 5-9. The facts of recognition among the Defendant B and D pursuant to Article 150(3) of the Civil Procedure Act were confessions pursuant to Article 150(3) of the same Act, and the entire purport of the pleadings among the Defendant C may be acknowledged by comprehensively taking account of each of the descriptions in Gap evidence 1-1, 2, 2, 2-3, 4, 1-4, 5-9, and 5-9.
On December 19, 2012, the Plaintiff entered into a lease agreement with Defendant A on a monthly lease rate of KRW 2,496,149, annual interest rate of installment financing, KRW 11.28% per annum, delayed interest rate of KRW 24% per annum, and KRW 44 months for lease period.
B. Defendant B, C, and D were jointly and severally guaranteed for Defendant A’s obligation to the Plaintiff under the above contract on the same day.
C. On July 9, 2013, Defendant A delayed payment of more than two lease fees, and the Plaintiff notified that the said contract will be terminated on July 15, 2013 in accordance with the terms and conditions of lease if the Plaintiff did not pay the unpaid amount of KRW 5,125,303 to Defendant A by July 12, 2013.
Nevertheless, Defendant A did not pay the said unpaid amount to the Plaintiff, and the said contract was terminated at that time.
Meanwhile, as of February 16, 2016, the amount of principal not recovered under the above contract as of February 16, 2016 = 101,369,272 won in total 59,387,228 won in monthly installments of 41,982,04 won in arrears, and overdue interest = 52,386,887 won in arrears = 22,985,689 won in total from May 27, 2013 to January 25, 2016 = 22,985,689 won in arrears and interest on monthly installments from May 27, 2013 to February 16, 2016; 29,115,767 won in arrears and 41,982,41,984 won in arrears; 36.4% in total, 2016 to 34.6% in penalty surcharges, etc. (i.e., local tax imposed on 24.)