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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and the interest rate thereon from November 6, 2010 to the date of full payment.
Reasons
1. Facts of recognition;
A. On September 12, 2008, Korea Development Finance Co., Ltd. (hereinafter “Korea Development Finance”) entered into a contract with DoraMS Co., Ltd. under which the lease term of 49 months from September 16, 2008 to October 15, 2012, 6,459,300 won (Provided, That the lease contract of this case is 15 million won for 49 billion won), the player deposit amount of 150 million won, and the overdue interest rate of 19% per annum (hereinafter “instant lease contract”).
B. On December 29, 2009, C succeeded to the status of the lessee under the instant lease agreement with the Korea Development Bank, but entered into a lease succession agreement with the effect that only the player deposit was reduced to KRW 41,802,416.
At the time, the Defendants jointly and severally guaranteed C’s obligations for the Korea Development Finance according to the instant lease succession agreement.
C. C did not pay rent under the instant lease agreement to Korea Development Finance.
On July 19, 2010, Korea Development Finance notified C of the termination of the instant lease agreement on the ground of overdue lease payments. D.
As of July 19, 2010, as of the date of termination, a total of KRW 268,626,420 (i.e., provision loss amount of KRW 270,324,00 in arrears lease amount of KRW 38,75,80 in delay lease amount of KRW 1,584,278 in advance - KRW 235,242 in advance - KRW 41,802,416 in advance).
E. Korea Development Finance shall appropriate the sale price of the leased machine and the refund premium for the repayment of the bond, and the remaining principal as of November 5, 2010 shall be KRW 118,935,850.
(f) Korea Development Finance was merged with the Plaintiff on April 10, 2015.
【Defendant A’s ground for recognition】 Defendant B: Evidence Nos. 1, 2, 3-1 through 4, and 4 of Evidence No. 1, 3-4, the purport of the whole pleadings, and the purport of the whole pleadings
2. According to the above facts of recognition, the defendants jointly and severally seek KRW 100 million from the remaining principal of KRW 118,935,850 to the plaintiff.