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(영문) 의정부지방법원고양지원 2017.04.14 2016가합75329

기계인도 등 청구의 소

Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) deliver each machine listed in the separate sheet;

B. From October 1, 2016, as above.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 through 8 (including paper numbers) as to the plaintiff's claim against defendant A, the plaintiff is the owner of each machine listed in the separate sheet (hereinafter "the machinery of this case"), and on October 16, 2015, between the defendant A Co., Ltd. (hereinafter "the defendant Co., Ltd.") and the defendant Co., Ltd. (hereinafter "the defendant Co., Ltd.") for the term of lease of this case from November 5, 2015 to November 4, 2017 (including two years), lease deposit deposit amount of 55 million won, monthly rent of 3.3 million won (including value-added tax) were delivered to the defendant Co., Ltd. (hereinafter "the lease contract of this case"), and the defendant Co., Ltd. delivered the machinery of this case to the defendant Co., Ltd. on October 31, 2015, and the defendant Co., Ltd. did not deliver the rent of this case to the defendant Co. 26, 2016.

According to the above facts, the instant lease agreement was lawfully terminated on September 29, 2016, when the notification of termination of the instant lease agreement by the Defendant’s nonperformance of obligation reaches the Defendant.

Therefore, the Defendant Company is obligated to deliver the instant machinery to the Plaintiff following the termination of the instant lease agreement, and to return the money calculated as KRW 3,300,000 per month from October 1, 2016 to the completion date of delivery of the said machinery as a result of the termination of the said lease agreement.

2. Indication of the Plaintiff’s claim as to each claim against Defendant B and C: Defendant B and C entered into the instant lease agreement.