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1. The Defendants jointly and severally pay to the Plaintiff KRW 8,168,568, and KRW 7,095,216 among them, from February 21, 2020.
Reasons
1. Facts of recognition;
A. The Plaintiff is a specialized credit financial business company that runs installment financing business, facility leasing business, etc.
B. On November 10, 2016, the Plaintiff entered into a car lease agreement with Defendant C Co., Ltd. (hereinafter “C”) and Benz E-CALS 220d vehicles (vehicle number: E; hereinafter “instant vehicle”) with the acquisition cost of KRW 69,342,720, monthly rent of KRW 1,132,640, and overdue interest rate of KRW 25% (110% of the outstanding principal amount) and KRW 60 months for the lease period (hereinafter “instant lease agreement”).
Defendant D jointly and severally guaranteed Defendant C’s obligations under the instant lease agreement.
C. At the time of entering into the instant lease agreement, Defendant C paid KRW 13,020,00 to the Plaintiff as security deposit and advance payment.
On September 2, 2019, the Plaintiff urged and notified Defendant C to pay the rent due to the delinquency in payment of the rent, but failed to receive the rent properly from Defendant C.
E. On October 16, 2019, the Plaintiff terminated the instant lease agreement and received the instant vehicle from Defendant C.
F. As of the date of termination of the lease contract of this case, the amount of credit against the Plaintiff against the Defendant C is KRW 46,571,104 (i.e., the outstanding principal 42,337,368 x 110%) ② 4,512,477 won in overdue lease and interest, ③ 46,985 won in overdue lease and interest, ③ 46,985 won, ④ penalty, automobile tax, legal expenses, and insurance premium 1,148,580 won, ⑤ 52,275,461 won in total, including unpaid tolls 43,300 won.
G. Meanwhile, on October 17, 2019, the Plaintiff sold the instant vehicle by public auction, recovered KRW 31,727,300, and appropriated it to the principal, and appropriated it to the principal, and appropriated KRW 23,756 as the court refund on December 26, 2019.
H. As of February 20, 2020, an application for amendment of the purport of the instant claim and the cause of the claim was submitted, if the principal and interest of the instant claim deducts KRW 13,020,00 from the amount of principal and interest of the bonds, and KRW 31,727,30, and court refund23,756, etc., the remaining details of the Plaintiff’s claim against Defendant C are as listed below.
(2) The principal;