동산인도
1. The Defendants shall deliver to the Plaintiff the attached movable property.
2. The costs of lawsuit are assessed against the Defendants.
3...
1. Facts of recognition;
A. On September 16, 2015, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the attached machinery and equipment (the “instant machinery and equipment”) manufactured by Defendant B Co., Ltd. (hereinafter “Defendant B”), setting the term of the contract as KRW 170 million with the Plaintiff, KRW 170 million, KRW 365,176 per month, and KRW 36 months for lease.
B. According to the terms and conditions incorporated into the instant lease agreement, the ownership of the instant machinery belongs to the Plaintiff, the lessee, and the Plaintiff may terminate the contract where Defendant A, the lessee, delays the payment of the lease fees, etc., and the Plaintiff may claim the return of the instant machinery when the lease contract is terminated or terminated.
C. On September 16, 2015, Defendant A acquired the instant machinery at the place of business located in Youngcheon-si, and Defendant B transferred the instant machinery to the place of business located in Asan-si and accepted the instant machinery due to the occurrence of any defect thereafter.
The Defendant A delayed the payment of the rent to the Plaintiff (as of May 31, 2016, KRW 15,987,135), and the complaint of this case, on July 22, 2016, stating that the Plaintiff terminated the instant lease agreement, was served on the Defendant A.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings
2. According to the above fact-finding, it is reasonable to view that the instant lease agreement was terminated on July 22, 2016 by Defendant A by expressing his/her intention to terminate the contract in the situation where the cause for termination occurred due to delayed payment of lease fees by Defendant A.
The defendant B submitted a preparatory document and finished the repair of the machinery of this case, and stated that the defendant B would immediately deliver it to the defendant A, and the defendant B would accept it.