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(영문) 서울중앙지방법원 2015.08.19 2014가합528480

유체동산인도

Text

1. Each of the plaintiffs' respective lawsuits against the defendant against the defendant's claim for the confirmation of ownership and the new capital of the independent party intervenor.

Reasons

The main lawsuit and each independent party intervention shall be considered together.

1. Basic facts

A. In order to supply a file necessary for the construction work in Seongdong-gu Seoul Metropolitan Government (hereinafter “instant construction site”) between the Plaintiff Sungho Steel Co., Ltd. (hereinafter “B”) on January 25, 2010, the lease contract on the file file of the Plaintiff Sungho Steel Co., Ltd. (hereinafter “instant construction site”) is concluded between the Plaintiff Co., Ltd. and the Plaintiff Co., Ltd. (hereinafter “B”), to lease the leased object file at KRW 648 tons, monthly rent of KRW 10,692,000 [=648 tons x monthly rent of KRW 15,00 per ton x (10%) from February 1, 2010 to the completion of the instant construction work (hereinafter “instant lease contract”): The Public Procurement Service (Demand for Infrastructure): Defendant Co., Ltd. (hereinafter “the Urban Co., Ltd.”): the return of the leased object to the Plaintiff Co., Ltd. (hereinafter “instant construction site”); and (3) the return of the leased object to the Plaintiff Co., Ltd.

Article 7 Termination of the Contract (1) When B notifies in writing the Plaintiff Sung Jae Jae Jae in extenuating circumstances, such as design change, etc. (2) The Plaintiff Sung Jae Jae Jae may immediately terminate this Contract without any peremptory notice in the following cases:

1. Where any check or bill issued or borrowed by B is defaulted or suspended from transactions;

2. Where a provisional disposition, seizure, auction, bankruptcy, or company reorganization procedure against B has been commenced or is likely to be commenced;

3. B If the leased goods (j) are used for the purpose of transfer, sub-lease, or security without the prior consent of the Plaintiff Sung Iron Co., Ltd. (3) in the event of delinquency in the payment of rent (or additional rent) or breach of a payment agreement, the Plaintiff Sung Iron Co., Ltd. shall give notice to B for a fixed period of not less than 10 days, and if no correction is made within that period, this contract shall be made.