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(영문) 서울중앙지방법원 2015.01.20 2014가합50987

동산인도

Text

1. The Defendants shall deliver to the Plaintiff each movable property listed in the separate sheet.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Basic facts: (a) on April 19, 2012, attached Tables 1 through 3 of the monthly overdue interest rate of the rent for the lease term of the lease date; (b) on April 19, 2012, the movable property No. 36 months, 2,307,930 per annum 25% per annum 25% per annum between the Plaintiff and B; and (c) on October 25, 2012, attached Tables 4 and 8,085,828 per annum 25% per annum 25% per annum 3, 25% per annum of the movable property No. 36 months, November 28, 2012. < Amended by Presidential Decree No. 24270, Oct. 36, 2012>

A. The Plaintiff and Defendant A entered into a lease agreement with respect to each of the movables listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant movables”).

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

According to each lease contract of this case, in case where Defendant A delayed payment of rent, the contract of this case is terminated when the Plaintiff notified the performance within a reasonable period of time and the Plaintiff failed to pay the rent within such period of time (Article 20(1)); and (2) In case where the Plaintiff requested the return of the goods upon termination of the contract, the Defendant must return the leased goods to the Plaintiff without delay.

(Article XXV(1)(c).

Since June 2, 2014, Defendant A delayed the payment of rent, the Plaintiff notified Defendant A of the payment of overdue rent and notified the cancellation of the contract.

On the other hand, as of the date of the closing of argument in the instant case, the Defendant Company’s continental trade (hereinafter “Defendant Company”) occupies each of the instant movable property.

[Based on recognition] Defendant A: deemed confession (Article 150(3) and (1) of the Civil Procedure Act); Defendant Company: The fact that there is no dispute, each entry in Gap evidence 1 through 6 (including branch numbers, if any) and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the above facts, Defendant A is obligated to deliver each of the instant movables to the Plaintiff according to each of the instant lease agreements, and ② the Defendant Company is obligated to deliver each of the instant movables upon a request for extradition based on the Plaintiff’s ownership.

B. As to this, the Defendant Company shall pay 27 million won for the repair of the Defendant A and 8.