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1. The Defendants jointly and severally pay to the Plaintiff’s Intervenor KRW 218,142,983 as well as the full payment from November 22, 2016.
Reasons
1. Basic facts
A. On July 9, 2010 and August 9, 2010, the two capitals Co., Ltd. (hereinafter “dual Capital”) entered into an installment financing transaction agreement with Defendant A (hereinafter “each of the instant agreements”) with each of the following terms and conditions, and leased each of the goods to Defendant A. At the time, Defendant B provided joint and several sureties for the obligation of Defendant A to the Plaintiff.
(1) A seller and seller of goods agreed on July 9, 2010: Falcon 1 unit and unit principal: 63,000,000 won and unit interest rate: 25% per annum on August 9, 2010: 3D printer 1 unit and three unit and unit interest rates: 229,41,000 won and unit interest rate: 36 months,7,619,880 won and unit interest rate per annum: 25% per annum.
B. On December 12, 2016, when the instant lawsuit was pending, the Plaintiff transferred to the Intervenor succeeding to the Plaintiff the claims against the Defendants under each of the instant agreements, and notified the Defendants of the said transfer on January 20, 2017.
C. As of November 21, 2016, the remainder of the Agreement on July 9, 2010 as of the foregoing date is KRW 44,451,325, and the remainder of the Agreement on August 9, 2010 is KRW 173,691,658.
Meanwhile, on January 23, 2017, the two capitals were merged into the Plaintiff on the other hand.
(hereinafter referred to as the “Plaintiff” without distinguishing both the two capitals and the Plaintiff, / [based basis for recognition] : The Plaintiff and the Intervenor succeeding to the Plaintiff and the Defendant: The fact that there is no partial dispute, each of the entries in the evidence Nos. 1, 2, and 3-1 through 5 of the evidence Nos. 1, 2, and 3-5, and the purport and purport of the whole pleadings, between the Plaintiff and the Intervenor succeeding to the Plaintiff and the Defendant B: Confession pursuant to Article 150(3)
2. Determination:
A. As to the Plaintiff’s claim, the Plaintiff is jointly and severally liable for payment under each of the instant agreements to the Plaintiff as the principal debtor or the joint and several sureties, and the amount of overdue interest, etc. as of October 17, 2014, totaling KRW 387,886,403, and the amount of payment.