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(영문) 부산지방법원 2015.05.20 2014가합49152

유체동산인도

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

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

3...

Reasons

1. Basic facts

A. On September 16, 2013, the Plaintiff entered into a lease term of 48 months for personal credit loans, facility leasing business (lease), installment financing, corporate loan, etc., and on September 16, 2013, the Plaintiff entered into a lease agreement for facilities leasing (hereinafter “lease agreement”) (hereinafter “the instant lease agreement”) as indicated in the separate sheet purchased by the Plaintiff at KRW 370,000,000 (hereinafter “the instant machinery”).

B. From the time of the conclusion of the instant lease agreement, the Defendant-owned Trade used the instant machinery installed and used in the factory B of the Chungcheongbuk-gun, which was leased by the Defendant A, and did not pay the Plaintiff rent from January 21, 2014.

C. Accordingly, on May 30, 2014, the Plaintiff requested the return of the instant machinery after declaring the intention of termination of the instant lease contract to the Defendant major trade, but the Defendant’s main trade continues to possess and use and profit from the instant machinery, and on the other hand, the Plaintiff did not cooperate in accepting the instant machinery on the ground that the Defendant’s main trade in the instant machinery was in arrears, on the grounds that the Defendant’s main trade in the instant plant was in arrears.

According to the terms and conditions of the lease contract of this case, if the Defendant, a lessee, fails to pay rent more than twice consecutively, the Plaintiff may terminate the lease contract of this case. In such case, if the Plaintiff requests the return of the machinery of this case, the Defendant shall return it without delay.

(General Lease Terms and Conditions Articles 20(2) and 23(3) of the General Lease Terms and Conditions (based on recognition)

2. Determination

A. According to the above facts of determination as to the cause of the claim, the lease contract of this case shall be paid continuously by the defendant main trade more than twice.