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(영문) 인천지방법원부천지원 2015.07.08 2014가합5271

유체동산인도

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1. The Defendants shall deliver to the Plaintiff the goods listed in the separate sheet.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Basic facts

A. On July 3, 2013, the Defendant Co., Ltd., Ltd. (hereinafter “Defendant Co., Ltd”) entered into a sales contract between the Defendant Co., Ltd., Ltd. and the Health Energy Co., Ltd. (hereinafter “Health Energy”), entered into a sales contract with the Defendant Co., Ltd. to purchase goods listed in the separate sheet (hereinafter “instant machinery”) from Health Energy for KRW 300,000,000, and occupied and used the instant machinery by receiving delivery from Health Energy.

B. After concluding a lease agreement between the Plaintiff and the Defendant Company and concluding a sales agreement between the Plaintiff and the Defendant, the Defendant Company made it difficult for the Defendant Company to pay the sales price of the instant machinery to the health energy. On August 26, 2013, the lease agreement between the Plaintiff and the Plaintiff on August 26, 2013 providing monthly rent of KRW 3,804,32 and the lease period of KRW 48 months for the instant machinery (hereinafter “instant lease agreement”).

(2) On the same day, the Plaintiff entered into a sales contract with health energy to purchase the instant machinery from health energy in KRW 300,000,000, and had the Defendant Company continue to possess and use the instant machinery. (2) Meanwhile, the terms and conditions of facility leasing (financial lease) incorporated into the instant lease agreement entered into between the Plaintiff and the Defendant Company (hereinafter “instant terms and conditions”) are as follows.

Article 22 (Cancellation or Termination of Contract) (2) When any ground falling under any of the following subparagraphs occurs to a customer or a joint guarantor, the plaintiff may cancel or terminate this contract in cases where the performance of the obligation, correction of violations, or performance or correction is not made within the prescribed period after demanding the customer or joint guarantor to perform the obligation within a reasonable period of time.

3. Payment obligations of rent, insurance premium, etc. prescribed in this contract.