유체동산인도
The defendant's appeal is dismissed.
Of the appeal costs, the part between the plaintiff and the defendant is the defendant's participation.
Basic Facts
On May 2, 2014, the Plaintiff entered into a lease agreement with D, setting the lease term of 36 months, acquisition cost of 50,000,000 won, lease interest rate of 5.2% per annum, monthly lease rate of 10,873,389 won, and delayed damage rate of 25% per annum (hereinafter “the first lease agreement of this case”). The Plaintiff delivered the instant machinery to D pursuant to the first lease agreement of this case.
The main contents of the instant lease agreement are the Plaintiff’s ownership of the instant machinery, and D, a lessee, has the right to use the instant machinery, monthly payment of the lease fee prescribed by the Plaintiff. However, if D fails to pay the lease fee at the due date, the Plaintiff may terminate the instant lease agreement after demanding D to pay the lease fee within a reasonable period of time.
D The Plaintiff terminated the first lease agreement of this case around November 2, 2015, as the lease fee was in arrears several times.
On October 9, 2015, Part D entered into a sales contract for selling five machines, including the instant machines, to the Defendant’s assistant intervenors at KRW 385,00,000, and delivered them.
On November 9, 2015, the Defendant Intervenor entered into a sales contract to sell the instant machinery at KRW 385,000,000 to the Defendant, who is operating the manufacturing company under the trade name called F. F.
On November 30, 2015, the date of the remainder payment under the contract with the Defendant’s assistant participant, the Defendant entered into a lease agreement with the Defendant Co., Ltd. (hereinafter “C”) in the first instance trial on the instant machinery (hereinafter “instant lease agreement”). The Defendant, upon delivery of the instant machinery, installed and used it in the said F.
[Reasons for Recognition] Unsatisfy, Gap evidence 2, 4, 5, and 6 (including each number, if any; hereinafter the same shall apply), Eul evidence Nos. 1, 47, Eul evidence Nos. 1, 2, 4, and 5, respectively;