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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50,000,000 and 25% per annum from October 16, 2012 to the date of full payment.
Reasons
1. In full view of the overall purport of the pleadings as indicated in the evidence Nos. 1, 2, 3, 3, 5-1, and 2 of evidence Nos. 1, 2, and 5-2 of evidence Nos. 1, 209, the Plaintiff concluded a lease agreement with Defendant A on Nov. 5, 2009 by setting the lease agreement between Defendant A and Defendant A on Nov. 5, 200, the acquisition cost of KRW 160,000,000, the lease period of KRW 36 months, the lease cost of KRW 5,429,645 (Provided, That the lease agreement was concluded on Nov. 5, 201, the lease agreement was concluded between Defendant A and the acquisition cost of KRW 36,5,429,645, the lease cost of KRW 5,768,36, the annual interest rate of KRW 5,410,966, the delay damages rate of KRW 25%.
2. The assertion and judgment
A. According to the facts found in the judgment as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 50,000,000,000 that the Plaintiff seeks as part of the outstanding principal and the damages for delay calculated by the rate of 25% per annum from October 16, 2012 to the date of full payment.
B. As to the defendant A's defense (1) above, the above defendant first raised a defense that the statute of limitations has expired, and the plaintiff re-appealed that the statute of limitations has been interrupted by provisionally seizing the above defendant's property on February 17, 2010.
On the other hand, the above lease obligation is based on the so-called financial lease, and not only has the function of making installment payments of principal, interest, expenses, etc. for the financial convenience of the acquisition fund provided by the lease company to the lessee, but also has the meaning of consideration for the whole transaction relationship, including the convenience in use provided by the lease company to the lessee. The lease obligation is limited to the claim relationship arising from the date and the method of repayment is determined by the installment payment at a certain period of time (not the share claim arising from the basic bond bond).