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(영문) 수원지방법원 2015.06.05 2013가합23467

동산인도청구권

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1. The Defendants: (a) each movable property listed in the separate list Nos. 1, 2, and 3 against the Plaintiff Kit Capital Co., Ltd.; and (b) Plaintiff .

Reasons

1. Determination as to the claim against Defendant A

A. On June 10, 2013, with respect to each of the movables listed in the separate sheet Nos. 1, 2, and 3 as to the claim’s marking Defendant A, the Plaintiff Cit Capital Co., Ltd. (hereinafter “Plaintiff Cit Capital”) concluded a lease agreement with respect to each of the movables listed in the separate sheet Nos. 4 and 5 as of September 26, 2012, and Defendant A did not pay the lease fees agreed upon. Plaintiff Cit Capital Co., Ltd. (hereinafter “Plaintiff Cit Capital”) notified the Defendant A of the termination of the respective lease agreement. < Amended by Presidential Decree No. 24270, Oct. 25, 2013; Presidential Decree No. 24425, Sep. 10, 2013>

Accordingly, according to the termination of each of the above lease contracts, Defendant A is obligated to return each of the movables listed in the separate sheet Nos. 1, 2, and 3 to the Plaintiff Kit Capital, and each of the movables listed in the separate sheet Nos. 4 and 5 to the Plaintiff Fit Capital.

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to the claim against the defendant B

A. The plaintiffs are companies engaged in facility leasing and installment financing business.

(2) As to each movable set forth in the separate list Nos. 1, 2, and 3 on June 10, 2013, between Defendant A and Plaintiff C, Plaintiff Ch Capital entered into a lease agreement with respect to each movable property listed in the separate list Nos. 4 and 5 on September 26, 2012, and the said movable property was handed over to Defendant A.

(3) Each movable property listed in the current annexed list is in possession of Defendant B.

[Reasons for Recognition] Facts without dispute, entry and video of Gap evidence Nos. 1 through 4, 8, and 10 (including the branch numbers in the case of provisional evidence) and the purport of the whole pleadings

B. According to the above facts of recognition, Defendant B, the owner of each movable set forth in the [Attachment List Nos. 1, 2, and 3, is obligated to deliver each of the above movable property to Plaintiff Cit Capital, the owner of each movable set forth in the [Attachment List Nos. 4 and 5], unless there are special circumstances.