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(영문) 창원지방법원 2019.01.10 2018가합52047

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. Basic facts

A. On April 12, 2017, the Plaintiff engaged in facility leasing and installment financing business entered into a lease agreement with the Defendant under which: (a) five (5) CNC AED 1 through 5 listed in [Attachment Table 1] 5 attached hereto were set at the lease term of 36 months; (b) lease deposit of 179,000,000 won; (c) lease interest rate of 5.3% per annum per annum; and (d) lease interest rate of 25% per annum; (b) two (36), lease deposit of 11,00,000 won; (d) lease interest rate of 7% per annum; and (e) lease agreement under which the Plaintiff leases to the Defendant at an overdue interest rate of 25% per annum (i) the foregoing agreement was delivered to the Defendant.

B. From January 2018, the Defendant did not pay the lease fee stipulated in the instant lease agreement to the Plaintiff. Accordingly, the Plaintiff notified the Defendant that “The Plaintiff should terminate the instant lease agreement as the cause for the loss of benefit under Article 20 of the instant lease agreement occurred due to delayed payment of the lease fee.”

C. On October 16, 2018, the Defendant drafted a letter to the Plaintiff stating that “the Defendant renounced ownership of movable property listed in the separate sheet, and the Plaintiff would not raise any objection even if the movable property listed in the separate sheet was taken out.”

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleading

2. According to the above facts of determination as to the cause of claim, since the lease contract of this case was lawfully terminated, the defendant is obligated to deliver to the plaintiff the movable property stated in the attached list, which is the object of the lease contract of this case, as the restoration following the cancellation of the lease contract of this case.

3. The plaintiff's claim of this case is justified.