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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 194,752,094 and 25% per annum from September 5, 2015 to the date of full payment.
Reasons
1. Basic facts
A. On January 4, 2012, the Plaintiff, a company operating a specialized credit financial business, entered into a lease agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) with Rashing machine (hereinafter “instant lease agreement”) for a lease period of 51 months, acquisition cost of KRW 385 million, monthly lease fee of KRW 1 to 3 months, KRW 2,502,500, KRW 7,783,231, and KRW 25% per annum for April to 51 months, and KRW 630,5250,000, KRW 3500,000, and KRW 1 to 3030,5250,000 per annum. On the same day, Defendant B and C jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff under the lease agreement (hereinafter “instant lease agreement”).
B. Since then, the Defendant Company notified the Defendant Company of the termination of the foregoing lease agreement on January 29, 2015, following the overdue payment of the lease fee under the instant lease agreement.
C. After the termination of the instant lease contract, the Plaintiff’s total outstanding principal and interest, etc. on the Defendant Company based on September 4, 2015 (i.e., KRW 194,752,094 (i.e., the period of KRW 221,172,878, supra) reaches KRW 618,072, which was KRW 222,117,287, and KRW 27,843,857, and KRW 77,00,000,00).
[Ground of recognition] Evidence No. 1-2 of No. 1-2 of No. 3-2, Evidence No. 1-1 and 2 of No. 1-2, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay an agreed amount of KRW 194,752,094, total outstanding interest, etc. as of September 4, 2015 following the termination of the instant lease agreement, and an agreed damages for delay at the rate of 25% per annum from September 5, 2015 to the date of full payment after September 5, 2015, which is the day following the date on which the settlement was based. However, Defendant B and C are jointly and severally liable to pay the outstanding interest, etc. and damages for delay within the limit of KRW 63,525,00,000, which is the guarantee limit
3. Determination as to the Defendants’ assertion