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1. The Defendants jointly and severally pay to the Plaintiff KRW 94,896,343 and KRW 60,843,141 among them.
Reasons
1. Facts of recognition;
A. On June 14, 2012, the Plaintiff concluded a facility lease agreement with C with the following content.
(1) Lease property: Ahax TPP 128 CTPP 2. 3. The acquisition cost: 350 million won: 48,000 won per one time, and 6,278,900 won per applicable lease interest rate: 6% per annum 6% per annum. 6% per annum.
B. On June 14, 2012, the Plaintiff entered into a repurchase agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) on the said leased items with the following content, and Defendant B jointly and severally guaranteed the Defendant Company’s debt.
(hereinafter “instant re-purchase agreement”). ① Where a lease agreement between the Plaintiff and C is terminated, the Defendant Company shall re-purchase the leased goods as stipulated in the re-purchase agreement.
② If the Plaintiff requests re-purchase with the Defendant Company stating the re-purchase price, the Defendant Company shall pay the re-purchase price within 30 days, and if delay, the overdue interest rate of 25% per annum shall apply.
(3) The repurchase price shall be the stipulated loss amount stipulated in the lease agreement concluded between the plaintiff and C.
C. The lease contract was terminated on October 20, 2015 following C’s default of the lease fee. On the same day, the Plaintiff requested the Defendants to implement the re-purchase agreement by stating the re-purchase amount in KRW 80,791,248.
As of April 19, 2016, the amount of debt under a repurchase agreement is KRW 94,896,343 (i.e., the outstanding principal of KRW 155,510,324) + the past interest of KRW 383,450 + the overdue interest of KRW 12,46,107 + overdue interest of KRW 1,637,076 + KRW 263,259 + the overdue interest of KRW 10% of the outstanding principal + the amount of KRW 15,51,032 + the amount of KRW 6,226,982 - the recovered amount of KRW 107,113,290 + overdue interest of KRW 9,91,40 + the principal of KRW 60,843,141 (i.e., the outstanding principal of KRW 15,510,234,247,137,194).
Grounds for recognition: Facts without dispute, Gap-1's evidence, Gap-2's evidence 1-6, and one to six.