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(영문) 대구지방법원 서부지원 2018.06.20 2017가단55739
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.

Reasons

1. Facts of recognition;

A. On August 21, 2013, both parties entered into a lease agreement (hereinafter “the instant lease agreement”) with Company A on the corporeal movables listed in the separate sheet (hereinafter “the instant lease”) with Company A by the time when the ownership of the goods is reserved to the leased company by the time when the lease fees are paid in full. A Co., Ltd. takes over the instant lease property and uses the leased property under the instant lease agreement.

Method: Lease amount of financial lease (movable property): 180,00,000 won: 25% overdue interest rate for 48 months: 3,647,403 won per annum; 2 times; 3,388 times; 3,385,540 won per annum;

B. The lease agreement of this case provides as follows.

(hereinafter referred to as “A” means a lessee, “B” means a lessee, and “B” means a lessee). Article 20 (Termination of a Contract) (hereinafter referred to as “B”) provides that where any of the following is incurred to B, A may terminate this Agreement without any separate notice if a reasonable period is set and notified by Party A to correct the violation and if Party B fails to comply therewith within that period:

5. Article 21 (Measures at the Time of Occurrence of Grounds for Termination of the Contract) When the party fails to perform its obligations under this contract or any other contract entered into with B, or violates the provisions concerning any important prohibited act under the contract;

2. When the lease contract is terminated or the contract is terminated and Gap claims the return of the goods, then Eul shall without delay return at his own expense the goods to the places designated by Gap within the same administrative district as the location of the place of business of Gap who concluded the contract.

C. On May 28, 2014, the Plaintiff is a facility leasing company, including all rights and obligations under the instant lease agreement, such as the right to receive lease fees, etc. from B, a lessee, pursuant to the instant lease agreement.

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