logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.07.18 2017가단34613
동산인도 청구
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

On March 31, 2010, the Plaintiff entered into a lease agreement with the Defendant on each of the terms of 30 months of lease and 3,659,600 won (30 times per month of lease fees) as to the movable property listed in the separate sheet (hereinafter “the movable property in this case”) and delivered the said movable property to the Defendant. In accordance with Article 20(2)1 of the above Agreement, if the Defendant delays the payment of lease fees on one occasion, the Plaintiff shall notify the Defendant of the correction of the violation within a fixed period of 14 days, and if the Defendant fails to comply therewith within that period, the Plaintiff shall lose the benefit of time and may terminate the said contract. Upon notification of the scheduled termination of the above contract, the Plaintiff expressed the Defendant’s intention to terminate the said contract on the grounds that the lease fees, etc. were not paid in KRW 71,974,321 on January 31, 2017, or may recognize the purport of the entire pleadings as a whole together with evidence Nos. 1, 2 and 4.

According to the above facts, since the above contract was lawfully terminated by the plaintiff's declaration of termination on the ground of the defendant's default, the defendant is obligated to deliver the movable property of this case to the plaintiff.

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.

arrow