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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 597,421,484 and KRW 250,342,850 from March 14, 2019.
Reasons
1. Basic facts
A. The Plaintiff acquired the leased goods designated by Defendant B (hereinafter “Defendant B”) and leased the goods to Defendant B, and, if the Plaintiff, the Defendant B entered into each of the following lease agreements with the Plaintiff to pay the lease fee periodically in installments during the contract period (hereinafter “instant lease agreement”) (hereinafter “the instant lease agreement”) and Defendant D jointly and severally guaranteed the obligation under the instant lease agreement.
The lease amount on the date of concluding a contract, the annual interest rate for delay on the leased object, ① 329,00,000,000 won on October 23, 2014, ② 9.70% for 1st 6.70% of the horizontal machine learning center for 36 months, ② 180,000,000 won on July 31, 2015 ② 2nd 3rd cNC Line for 3rd cNC Line for 48 months, 2nd 5.00% on July 31, 2015.
B. Article 20 of the Lease Contract of this case provides that “In the event that Defendant B did not perform his/her obligation under the Lease Contract of this case at the due date, the Plaintiff shall notify the correction of the violation within a reasonable period and, if Defendant B does not correct the violation within such period, Defendant B may lose the benefit of the period and the Plaintiff may terminate the Lease Contract of this case.” Article 21 of the Lease Contract of this case provides that “In the event that the Lease Contract of this case is terminated, the Plaintiff may claim the total amount of the obligations under the Lease Contract of this case, such as the provision damages, overdue rent, etc., and damages for delay.”
C. Around November 4, 2015, Defendant B did not pay the lease fee under the instant lease agreement, and around November 4, 2015, the Plaintiff sent to Defendant B a certificate of the content that “if the amount of overdue payment is not paid within 10 days from the date of receipt of the content certification, the Plaintiff shall terminate the instant lease agreement.” The content certification reached Defendant B around that time.
Defendant B could not pay the rent in arrears even after receipt of the certificate of the above content.
In the instant lease agreement.