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1. The Defendants are jointly and severally liable to the Plaintiff.
(a) As to KRW 41,109,536 and KRW 21,282,86 among them, Defendant B.
Reasons
1. Facts of recognition;
A. D Co., Ltd. concluded a facility lease agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on May 7, 2012 and July 31, 2012. The Defendant C concluded a facility lease agreement with the Defendant Company on May 7, 2012, with the guarantee limit of KRW 104,00,000, and the facility lease agreement on July 31, 2012, with the guarantee limit of KRW 263,90,000, respectively.
B. On May 20, 2016, D Co., Ltd entered into an asset acquisition agreement with the Plaintiff, transferred claims under the said facility lease agreement to the Plaintiff, and notified the Defendant Company of the said transfer on May 24, 2016.
C. As of October 22, 2018, the principal and interest on a facility lease contract concluded as of May 7, 2012 (i.e., principal KRW 21,282,86, interest KRW 19,826,679) and the principal and interest on a facility lease contract concluded as of July 31, 2012 remain 225,59,160 (i.e., principal and interest on KRW 108,287,071, interest KRW 117,272,089) and the agreed rate for delay is 24% per annum.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings
2. According to the above facts, the Defendants jointly and severally pay to the Plaintiff the amount of delay damages calculated at the rate of 15% per annum to the Plaintiff within the agreed interest rate of 41,109,536 won for the principal and interest of the facility leasing contract as of May 7, 2012 and the principal amount of 21,282,866 won, from November 29, 2018 to December 18, 2018; and Defendant C shall pay the amount of delay damages calculated at the rate of 15% per annum to the date of full payment from December 18, 2018 to the date of full payment; Defendant C shall pay within the limit of 104,00,000 won per annum; ② Defendant C shall pay the principal and interest of the facility leasing contract as of July 31, 2012 to the maximum amount of 225,59,160 won and delay damages calculated at the rate of 108,287,0710 won per annum.
As to this, the Defendants were in arrears with the lease fee from November 2012, and D Co., Ltd., the original creditor, recover the facility.