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(영문) 부산고등법원(창원) 2016.06.30 2015나2129
유체동산인도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. On January 16, 2014, the number of acquisition cost for the contract date Nos. 1 set forth in the attached Table Nos. 7,086,469 is as follows: C 245 million won on January 16, 2014; and

From 2 times to 36 times, 7,109,683 37 times, 24,50,000, 2000 Da 140,000 on October 31, 2014, 3,624,978 Nos. 2 attached Table 3,624,978 are as follows.

Above 2 up to 36 times 3,636,485 up to 37 times 28 million won

A. The Plaintiff purchased the instant movable property between Defendant A Co., Ltd. (hereinafter referred to as “Defendant”) and leased it to the Defendant, but the Defendant concluded a facility lease agreement (hereinafter referred to as “lease agreement of this case”) with the content that the amount to be paid in installments is to the Plaintiff.

B. The Defendant has taken over the instant movable property, which is a leased object, from the Plaintiff at the time of entering into each of the above facilities leasing contracts, and has occupied and used it until now.

Article 1 (Lease Contract) of the Facility Lease Contract (Lease Contract) The Plaintiff shall purchase the leased goods (hereinafter “goods”) in the lease application from the lessee of the leased goods, and lease them to the lessee (hereinafter “A”). A shall use the leased goods and pay the lease fee to the Plaintiff.

Article 2 (Purchase and Ownership of Objects) (3) The ownership of any object under this Agreement shall be vested in the Plaintiff even if A bears part of the purchase price ( regardless of any name, such as deposit, etc.), or bears all the expenses for the import of leased articles, the expenses for the maintenance and repair of leased articles, taxes, public charges, and others for the use and profit of the leased articles, and A shall not assert any right on the leased article to the Plaintiff.

Article 22 (Termination of Contract) (2) If A delays in payment of rent for at least one month after he/she is obligated to pay the rent, A shall be obligated to pay the rent immediately after he/she loses this benefit by ipso facto means.

In this case, the Plaintiff.

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