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1. The Defendants are jointly and severally liable to the Plaintiff for the amount of KRW 129,660,579 and KRW 123,405,767 among them.
Reasons
1. Facts of recognition;
A. On October 15, 2014, the Plaintiff entered into a lease agreement with the Plaintiff, stating that “Lease amount: 250,000,000 won, monthly payment: 5,642,180 won, payment period: 36 months, overdue interest rate in arrears: 25% per annum.”
B. On the same day, Defendant A Co., Ltd. (hereinafter “Defendant A”) concluded a repurchase agreement with the Plaintiff to re-purchase leased goods with the following content where the lease agreement is terminated due to the reasons such as the occurrence of the grounds for termination of the lease agreement pursuant to Article 20 of the above lease agreement, or the failure to pay the lease fees to the Plaintiff three times or 90 days or more on the basis of the number of overdue days.
(1) In the event that a lease contract is terminated, the Defendant Company shall pay the Plaintiff the re-purchase price within 60 days from the termination date of the lease contract and recover it from the lessee upon the Plaintiff’s request for re-purchase.
① 105% of the unpaid principal (if there is a contract bond, the remaining principal after reduction of the same amount) as of the date of termination of the lease contract and the expiration period ② The overdue lease fee and its delay damages from the date of termination of the lease contract
(4) The damages for delay above shall be 15% per annum if the payment date of the repurchase price is within 30 days from the date of termination of the contract, 19% per annum if the payment date of the repurchase price is between 30 and 60 days, and 25% per annum thereafter.
If there is any amount recovered from the disposal of other lease deposit and security, it shall be deducted from the amount of repurchase.