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(영문) 서울남부지방법원 2016.09.23 2016나53041

동산인도

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On October 31, 2012, the Plaintiff acquired movable property listed in the separate sheet (hereinafter “instant movable property”) with the Defendant, and concluded a lease agreement between the Defendant and the Defendant (hereinafter “the instant lease agreement”) under which the Plaintiff acquired the movable property listed in the separate sheet (hereinafter “instant movable property”) and the Defendant leased the pertinent movable property, and that the Plaintiff would be paid monthly rent from the Defendant (hereinafter “the instant lease agreement”). The main contents are as follows.

The acquisition value: the lease period of KRW 100,000: 36 months [Terms and Conditions] the purchase price of the leased object under Article 4 is deposited into the old account designated by the defendant under Article 2 of this Agreement, and the ownership of the leased object is unconditional.

The defendant may not claim the ownership of the leased article against the plaintiff in any case or for any reason after the price of the leased article has been deposited.

Article 20 (Loss of Benefit of Time) (2) In cases where any of the following events occurs to the defendant with respect to the defendant, the defendant shall naturally lose the benefit of the time limit for the debt and shall be obliged to pay the full payment thereof:

1. When the payment of rent has been delayed on more than two consecutive occasions, (1) When the lease contract is terminated or the contract is terminated and the plaintiff requested the return of the goods, the defendant shall return the goods to the domestic location designated by the plaintiff within seven days from the date of claim.

B. The Defendant, upon delivery of the instant movable property from the Plaintiff, has been occupied and used until now, but was in arrears with the rent on December 2014 and January 2015, and did not pay the rent even thereafter.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the complaint of this case stating the purport that the plaintiff terminated the lease contract of this case on the ground of the defendant's delay of lease and sought delivery of the movable property of this case.