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1. The Defendants jointly pay to the Plaintiff KRW 44,99,00 and the interest rate thereon from July 4, 2017 to the date of full payment.
Reasons
1. Basic facts
A. On October 30, 2015, the Plaintiff, under Defendant C’s joint and several sureties’s joint and several sureties, leased one motor vehicle for BSS 400 (hereinafter “instant motor vehicle”) to the Defendant Company (hereinafter “Defendant Company”).
(hereinafter referred to as "the lease of this case"). (b)
On May 3, 2017, the instant lease agreement was terminated on or around May 2017. The Plaintiff sold the instant vehicle to the Defendants and appropriated the remainder of 31,490,470 won, which was calculated by calculating the unpaid principal and the early termination fee, etc. as of June 30, 2017, when the instant lawsuit was pending against the Defendants for the performance of the obligation to pay the unpaid principal, etc. upon the termination of the instant lease agreement. Accordingly, the Plaintiff appropriated the remainder of the obligation owed by the Defendant Company to the Plaintiff as of July 3, 2017, for the repayment of the Plaintiff’s claim following the termination of the instant lease agreement, calculated by calculating the unpaid principal and the early termination fee, etc. as of June 30, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 6, Eul evidence 1 and 2, the purport of the whole pleadings
2. According to the above facts, Defendant C, a principal debtor, and joint and several sureties, is jointly obligated to pay to the Plaintiff 44,99,000 won and damages for delay at the rate of 25% per annum from July 4, 2017 to the date of full payment.
In addition, the Plaintiff also sought the payment of the litigation cost of KRW 528,230 and damages for delay incurred in relation to the instant lawsuit. However, since the litigation cost spent in the instant lawsuit can be repaid through the procedure for confirmation of the amount of litigation cost pursuant to the provisions of the Costs of Civil Procedure Act after the judgment becomes final and conclusive, the Plaintiff’s claim for this part cannot be accepted.
Meanwhile, the Defendants calculated the unpaid principal and the fee for early termination based on May 28, 2017 when the instant lease contract is terminated, the Plaintiff’s claim amount following the termination of the instant lease contract is greater.