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(영문) 부산지방법원 2015.06.11 2014가단252333

유체동산인도

Text

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

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

3...

Reasons

1. Facts of recognition;

A. On November 29, 2012, the Plaintiff and the Defendant concluded a lease agreement between the Plaintiff and the Defendant (hereinafter “instant lease agreement”) under which the Plaintiff leased the instant movable property indicated in the separate sheet (hereinafter “instant movable property”) to the Defendant, and is to receive monthly rent from the Defendant, and its main contents are as follows.

Lease: The lease execution date of the lease on November 29, 2012: The purpose of Article 1(1)(1) of the Terms and Conditions is to provide for the matters agreed upon between the plaintiff and the defendant in the facility lease agreement to allow the defendant to sell and use the leased articles directly selected by the defendant under the terms and conditions attached to the credit transaction basic terms and conditions.

Article 3 (Liability of Defendant) (2) Ownership of leased articles shall be owned by the Plaintiff, and only the Defendant shall have the right to use the leased articles.

Article 20 (Cancellation of Contract by the Plaintiff) ① In the event that any of the grounds prescribed in Article 8(1) of the General Terms and Conditions for Credit Transactions occurs to the Defendant, an appeal may be immediately terminated without notice and demand notice and demand the return of the goods

C. (2) If the Defendant delays monthly rent more than two consecutive times, the Plaintiff may demand the Defendant to terminate the contract after notifying the Defendant of the fact of delay of performance of the obligation and the termination of this Agreement under this paragraph three business days prior to the date of termination of the contract. If the Defendant fails to notify the Defendant three business days prior to the date of termination of the contract, the date three business days after the date of actual notice arrives shall be the date of termination of the contract.

B. The Defendant received delivery of the instant movable property from the Plaintiff pursuant to the foregoing lease agreement, and has been occupied and used until now.

C. As the Defendant did not pay rent from September 2, 2014, the Plaintiff, on November 3, 2014, in accordance with Article 20 of the terms and conditions of the instant lease agreement, “ to the Defendant.”