동산인도
1. The defendant's appeal is dismissed.
2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Defendant.
1. Determination on the cause of the claim
A. 1) On October 10, 2013, the Plaintiff Co-Defendant A Co-Defendant A (hereinafter “A”) in the first instance trial on October 10, 2013.
B) As between the Plaintiff and the PanPac LALC, the selling company of the medium and medium-sized printing machines in the United States, the movable property listed in the separate sheet (hereinafter referred to as “instant printing machine”).
(B) A lease agreement to purchase and lend B at the rate of twelve (12) months of the lease period, 172,800 won, 7 through 12 (41,685, 658 won, and 25% per annum for delay (hereinafter “instant lease agreement”).
(2) On November 2013, A, on behalf of the Plaintiff, imported the instant printing machine from the said PanPac LALC and had it installed at its own business site located in C in Panju City upon delivery by the Plaintiff.
3) Article 20 of the instant lease agreement provides that A may terminate the instant lease agreement in a case where a third party uses goods without the Plaintiff’s prior written consent or installs goods at a workplace owned by a third party, and where A fails to perform his/her obligation pursuant to the instant lease agreement at the due date, the Plaintiff may terminate the instant lease agreement. (iv) However, A, without authority on June 24, 2014, sold the instant printing machine at KRW 330,000,000 to the Defendant Intervenor (hereinafter “ Intervenor”). Meanwhile, the Intervenor entered into a lease agreement with Defendant B on the instant printing machine on the same date, and then delivered the instant printing machine to Defendant B, and around that time, Defendant B installed and used the instant printing machine at its own workplace located in Ansan City.
5) As of July 18, 2014, A did not pay rent of KRW 263,304,255 as of July 18, 2014, and the Plaintiff terminated the instant lease agreement on the ground that the Plaintiff had a third party use the object without the Plaintiff’s consent, delinquency in the payment of rent, and the Plaintiff’s consent. [In the absence of any dispute over the grounds for recognition, A’s 1, 2, and 5’s 1 through 9, A’s 1 through 7, 14, and 14.