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(영문) 대구지방법원경주지원 2016.10.20 2016가단11588

동산인도청구

Text

1. The part concerning the claim for interest among the instant lawsuit is dismissed.

2. The plaintiff's debtor A corporation.

Reasons

1. Basic facts

A. On April 7, 2014, the Plaintiff entered into a contract for the lease of machinery and equipment (hereinafter “instant contract”) with CNC Ppeing Machine PC-600 (hereinafter “the instant machinery and equipment”) with the rehabilitation debtor A corporation (hereinafter “Rehabilitation debtor”).

(A) “A” and “B” refer to the debtor for rehabilitation. Article 1 (Purpose)(1) of the Act provides that “A” shall purchase and lease this machine to B at the request of B. (2) The price of this machine shall be KRW 150,000,000,000 per day gold.

3) The deposit for the lease of this machine shall be 35,00,000 won ( e.g. 35,000,000 won) and at the same time with the contract, Eul shall pay e.g. e. 35,00,000 won ( e.g. 35,000,000) to Gap. 4) A shall pay e.g., e. 25th day of every 24 months due to the terms and conditions of advance payment after the commencement of the lease of this machine ( e.g. 5,749,000 won ( e.g., e. 4,791,00 won: e. 958,000 won) as usage fees

5) When this contract is terminated due to reasons attributable to B, the fees for the rent for the machinery and the interest on the installment payments already paid shall not be refunded. 6) When the deposit for the machinery and the rent for each month paid by B arrives at KRW 150,000,000 ( KRW 150,000) for the daily price of the machinery and the monthly rent paid by B, A shall deliver to B the ownership of this machinery by issuing a tax invoice for the sale and purchase of this machinery with the value of value, including interest, to B.

7) B may not exercise any right until the ownership of this machine is transferred from Gap to Eul. 8) If Eul pays in full the fees for use of the machinery by advance payment, Eul shall dispose of the interest equivalent to the number of months during the reduced period and the supply value shall also be adjusted accordingly.

B. As of June 25, 2016, the Defendant’s unpaid amount of fees, etc. under the instant contract against the Plaintiff reaches KRW 74,04,750.

C. Meanwhile, on June 22, 2016, with respect to the rehabilitation debtor.