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(영문) 대구지방법원경주지원 2015.10.30 2015가합175

동산인도

Text

1. The defendant shall deliver to the plaintiff the movable property listed in the attached list.

2. Of the costs of lawsuit, the part resulting from the participation.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 5 and 7 (including paper numbers) and the purport of all pleadings:

On December 9, 2011, the Plaintiff: (a) concluded a lease agreement with the Defendant on 36 occasions over the lease fee of 3,840,580 won for each item listed in the separate sheet No. 1; (b) on January 20, 2012, for the items listed in the separate sheet No. 2 in the separate sheet No. 48 times over the lease fee; (c) on June 3, 2013, for the items listed in the separate sheet No. 3 in the separate sheet No. 48 times over the lease fee of 5,601,00 won; and (d) on August 14, 2013, for the items listed in the separate sheet No. 4 in the separate sheet No. 48 times over the lease fee.

(hereinafter “each lease contract of this case”). B.

In accordance with each lease contract of this case, the ownership of each of the items listed in the separate sheet (hereinafter “each of the items of this case”) belongs to the plaintiff. The defendant has only the right to use each of the items of this case and has a duty not to engage in any conduct that infringes on the plaintiff’s ownership by transferring, using, or making a third party take profits from each of the items of this case.

On the other hand, if the defendant delays the payment of lease fees on more than two consecutive occasions, the plaintiff may terminate the lease contract and claim the return of the leased article after notifying the plaintiff of the fact and the intention to terminate the contract no later than three business days prior to the date of termination. In this case, the defendant agreed to suspend the use of each item of this case and return it to the plaintiff without delay.

C. As the Defendant delayed the obligation to pay the rent on November 2014 under each of the instant lease agreements, the Plaintiff urged the Defendant to pay the rent in arrears on December 9, 2014.

However, even after that, the Plaintiff did not pay the lease fee to the Defendant on January 6, 2015, and to terminate each of the instant lease agreements as of December 31, 2014.