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1. The Defendants jointly and severally pay to the Plaintiff KRW 85,066,00 and KRW 31,686,627 among them. From November 10, 2017, the Defendants shall be fully paid to the Plaintiff.
Reasons
1. Facts of recognition;
A. As to U-400*180*180*13.0 on November 1, 2006, Defendant B entered into a contract for facility lease of KRW 621,60,00 for the acquisition cost, KRW 48 months for lease period, KRW 7,661,00 for monthly lease cost ( KRW 4,485,00 for 1-3 vehicles), and KRW 24% for overdue interest rate, and Defendant C (the legal marital relationship with Defendant B was divorced on October 2010) jointly and severally guaranteed the obligation of Defendant B under the above facility lease agreement.
B. The Plaintiff terminated the facility lease agreement on December 29, 201 on the ground of the arrears in the lease fee of Defendant B. On November 9, 2017, the total amount of arrears as of November 9, 201 is KRW 85,06,00 (i.e., overdue interest of KRW 31,686,627 in overdue interest of KRW 53,379,377).
【Defendant C’s statement of evidence Nos. 1 through 4 (the part of his/her name in the evidence No. 2 is alleged to the effect that the part of his/her name in the evidence No. 2 was forged by Defendant B, but there is no evidence to acknowledge it. Thus, Defendant C’s assertion is without merit)
2. According to the above facts of determination, Defendant B is the principal debtor, and Defendant C is jointly and severally liable to pay to the Plaintiff the amount of arrears of KRW 85,066,00 and 24% interest per annum from November 10, 2017 to the date of full payment.
3. Conclusion, the Plaintiff’s claim against the Defendants is justified, and all of them are accepted.