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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 49,149,311 and KRW 44,359,171 among them, as from July 27, 2012, and KRW 1,280.
Reasons
1. Facts of recognition;
A. On January 10, 2008, the Plaintiff (formerly, the Plaintiff Company) entered into a lease agreement with Defendant A (former Co., Ltd.; hereinafter “Defendant Company”) on the following terms (hereinafter “instant lease agreement”), and received KRW 20,520,000 from the Defendant Company, and then delivered the instant vehicle to the Defendant Company.
Defendant B jointly and severally guaranteed all obligations owed by the Defendant Company according to the instant lease agreement.
(3) All expenses incurred in relation to the possession, possession, use, maintenance, etc. of a vehicle from February 14, 2008 to February 2, 2011, the overdue interest rate of 24% per annum: 41,040,000 won deposit: 20,000 won lease fees: one time for 3,914,710 won, two times to 36 times: 3,784,300 won: 6 automatic transfer from February 14, 2008 (the use, maintenance, tax, etc. of vehicles) to the return of the vehicle, possession, use, maintenance, etc., and all public charges (including penalty, penalty, automobile tax, etc.) shall be borne by the defendant company.
Article 12 (Lease Deposit) (4) When the term of lease expires or when the grounds for termination of this Agreement arise, and the termination of this Agreement becomes earlier, the Plaintiff may appropriate the overdue charge for the repayment of all obligations under this Agreement owed by the Defendant Company, including the overdue charge with the lease deposit.
Provided, That if the whole debt of the defendant company is insufficient to extinguish, the plaintiff may appropriate it in the order of expenses, interest, and principal.
Article 17 (Cancellation of Contract by the Plaintiff) (3) In the event that the classification of the leases specified in the summary (1) of the contract is operated lease, the lease contract is terminated under paragraph (1) of this Article and Article 18, but the defendant company fails to comply with the payment of the vehicle under Article 9.