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(영문) 수원지방법원 2015.03.20 2014가합3279
동산인도
Text

1. The defendant shall deliver to the plaintiff each movable property listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. On October 9, 201, with respect to movables listed in paragraph (1) of the Attached List No. 1, the Plaintiff acquired each of the said movables (hereinafter referred to as “each of the instant leases”) and leased the said movables to A, but entered into a lease agreement with A to pay monthly rent (hereinafter referred to as “the instant lease agreement”). The terms and conditions of each of the instant lease agreements and the key terms and conditions are as follows.

(B) In the event that A bears part of the price of the article and other incidental expenses, such as customs duties, etc., in connection with the introduction of the article, the ownership of the article cannot be asserted by A on the ground that the article is partially or partially owned by A, and the ownership of the article is confirmed to be owned by the Plaintiff during the lease period. In the event that the ownership of the article is confirmed to be owned by A during the lease period, the ownership of the article is confirmed to be owned by the Plaintiff.

[Lease Agreement dated November 27, 2012] Lease Articles: The purpose of this Agreement is to provide for matters concerning the rights and obligations between the Plaintiff and A in a facility lease agreement for the Plaintiff to purchase and use the leased articles directly selected by A under the terms and conditions attached to the General Terms and Conditions of Credit Transactions, which are set forth in attached Table 2: 20,000,000 won for the lease period of 36 months: 6,971,400 won for each month (the terms and conditions of this Agreement are the same as the lease agreement of October 9, 201).

Article 3 (A's Liability) (2) Ownership of the leased article to the Plaintiff, and A shall have only the right to use the leased article.

Article 20 (Cancellation of Contract by the Plaintiff) (1) In the event that any of the grounds prescribed in Article 8(1) of the Framework Act on Credit Transactions occurs to A, the Plaintiff.

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