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(영문) 부산지방법원 서부지원 2018.04.19 2017가합103295

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. The Plaintiff and the Defendant leased the instant movable property indicated in the separate sheet (hereinafter “instant movable property”) owned by the Plaintiff, and entered into a lease agreement under which the Defendant would be paid rent monthly from the Defendant (hereinafter “instant lease agreement”). The main content of the instant lease agreement is as follows.

The repayment method for the overdue interest rate of the monthly lease of the object on the date of concluding the contract shall be 5,471,731 won and interest 24% of the CNC Line 5,471,731 won and interest 24% of the 48 months in installments in the attached Table No. 1 on May 27, 2016, in April 28, 2017: CNC Line 4,359,485 won and interest 24% of the CNC Line 36 months in the attached Table No. 2 of the attached Table No.

B. The Defendant received delivery of the instant movable property from the Plaintiff in accordance with the instant lease agreement and has been occupying and using it until now.

C. On September 12, 2017, when the Defendant delayed the obligation to pay the lease fees under the instant lease agreement, the Plaintiff notified the Defendant of the performance thereof. On October 31, 2017, the Plaintiff sent a notice to the Defendant that “A notice was finally terminated by the termination clause under the contract because the Defendant urged the Defendant to perform his/her obligation under the agreement but fails to perform it,” and around that time, the said notice reached the Defendant.

On the other hand, on October 25, 2017, the Defendant filed an application for the commencement of rehabilitation with the Busan District Court 2017 Mahap1, but withdrawn the said application on March 7, 2018, and on March 9, 2018, the said court rendered a decision to permit the withdrawal of the application for rehabilitation against the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the lease contract of this case is deemed to have been lawfully terminated by the Plaintiff’s declaration of termination on October 31, 2017, based on the Defendant’s declaration of termination of the obligation to pay the lease fees, and thus, the Defendant is obligated to deliver the movable property of this case to the Plaintiff.

3. Judgment on the defendant's assertion