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Reasons
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(영문) 인천지방법원 2017.09.19 2016가합60088
유체동산인도
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1. The defendant shall be the plaintiff.

(a) deliver each machine listed in the separate sheet;

(b) 92,859,670 won and as regards this;

Reasons

1. Basic facts

A. The Plaintiff is a person who operates a secondhand shop with the trade name of B, and the Defendant is a company for the purpose of the gold and gold-type manufacturing business. C is a manufacturer of the trade name of D, and is a representative director of E (hereinafter “E”).

B. C Effective Capital Co., Ltd. (hereinafter “effective Capital”) on July 25, 2012, the lease 1 and 2 of machines, etc. listed in the [Attachment C] List Nos. 1 and 3) C

B) On November 8, 2012, C entered into a lease contract with Korea Capital Co., Ltd. (hereinafter “Korea Capital Co., Ltd.”) on the machine No. 1 305,00,00 won, 48 months of lease period, 7.5% of lease interest rate, 1 or 3 months of lease rate, 1 or 96,250 won, 6,912,98 won, contract deposit, 45,750,000 won, and 25% of overdue interest rate per annum. (2) On November 8, 2012, C entered into a lease contract with the Korea Capital Co., Ltd. (hereinafter “Korea Capital”) by setting the acquisition cost of the machine No. 120,004, 396, 36 months of lease interest rate, 65% of lease interest rate, 305, 309, 109.

C At the time of the foregoing lease agreement, C paid 30,001,099 won, and 53,427,229 won, including interest on delay, from December 18, 2012 to June 27, 2014, to Korean Capital.

3) On January 17, 2013, C entered into a lease contract with respect to “BH-13530 (Food, 2013)” machinery as “BH-130,600,000 won, the lease term of 48 months, the lease interest rate of 7.7%, the monthly lease rate of 4,128,572 won, the contract deposit of 18,360,000 won, and the overdue interest rate of 25% per annum. 4) On February 26, 2013, C entered into the lease contract with the Filisung Capital as “15,00,000 won, interest rate of 48 months, lease interest rate of 7.7%, monthly lease rate of 3,458,500 won, and each of the above lease contract interest rates of 405%, 405% per annum, and 25% per annum.”

C. C, the plaintiff and the plaintiff.

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