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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 132,844,636 and KRW 115,756,173 from May 12, 2016.
Reasons
1. On July 27, 2012, 364,767 won at the monthly interest rate of 1:36,767 won at the monthly interest rate of 4,440,810,830 won per annum 25% per annum, 36,40,440 won at the 36th three times from July 27, 2012, the monthly interest rate of 1,107,752 won at the 813,540,541,860 won per annum 25,830 won per annum on February 27, 2013, 2013, 36,36,3841,860 won per annum 25,305,40,305,41,205,30,41,860 won per annum 35,205,30,41,205,204,410,81,20
A. The Plaintiff and the Defendant A Co., Ltd. (hereinafter “Defendant A”) concluded each lease agreement as follows:
(hereinafter “each lease contract of this case”). Defendant B jointly and severally guaranteed the obligation of Defendant A under the respective lease contract of this case.
B. According to each of the instant lease agreements, if a lessee fails to perform his/her obligation, such as lease fees, he/she may terminate the contract without a separate notice, if the lessee gives notice to do so for a considerable period of time, and fails to comply therewith (Article 20). If the contract is terminated, the lessee shall pay the lease fees and overdue interests at once to the lessee (Article 22).
C. Defendant A lost the Plaintiff’s benefit by failing to pay the lease fee under each of the instant lease agreements, and the Plaintiff terminated each of the above lease agreements on the ground that Defendant A was in arrears with the lease fee.
The total amount of the principal and interest of the lease fees under each of the above lease agreements against Defendant A is KRW 132,844,636 as of May 11, 2016 (i.e., principal KRW 115,756,173 overdue interest of KRW 12,923,463, and expenses incidental to KRW 4,165,00).
E. Therefore, the Plaintiff seeks payment of the amount stated in the purport of the claim to the Defendants.
2. Applicable provisions;
(a) Defendant A: Judgment made by deemed confession (Article 208 (3) 2 and the main sentence of Article 150 (3) and (1) of the Civil Procedure Act);
(a) Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);
3. The part to which partial dismissal is made is from October 29, 2015 to KRW 115,756,173 of the remaining principal of the lease.