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(영문) 청주지방법원충주지원 2015.10.08 2015가단2754
동산인도
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

1. Facts of recognition;

A. On May 29, 2014, the Plaintiff leased a movable property indicated in the separate sheet (hereinafter “instant movable property”) to A (hereinafter “A”), but entered into a lease agreement under which the Plaintiff would be paid rent monthly from A (hereinafter “instant lease agreement”). The terms and conditions of the instant lease agreement, the terms and conditions of facility leasing, and the basic terms and conditions of credit transaction are as follows.

On the other hand, the defendant has taken over the movable property of this case from the plaintiff in accordance with the lease contract of this case and has been occupying and using it until now.

[Lease Agreement] The name of the object of lease: The lease period of KRW 72,00,00: KRW 36 months: KRW 2,039,274 (Time 1 to time 36): the date of the first payment; and the date of the first payment: July 5, 2014 (the terms and conditions of the facility lease). The purpose of Article 1 (Purpose) of the Terms and Conditions of this case is to provide for matters concerning the rights and duties of financial companies and customers in the facility lease agreement that the Plaintiff (hereinafter referred to as “financial companies”) purchases to use for customers by purchasing the leased articles directly selected by the lessee (referring to A; hereinafter referred to as “user”) under the terms and conditions attached to the basic terms and conditions of the credit transaction.

Article 3 (Responsibilities of Customers) (2) Ownership of leased articles shall be made to financial companies, and customers shall have the right to benefit only from use.

Article 20 (Termination of Contracts by Financial Companies) (1) Where any of the grounds prescribed in Article 8(1) of the General Terms and Conditions for Credit Transactions occurs to a customer, a financial company may immediately terminate this contract and claim the return of leased articles without notice and peremptory notice.

[Basic Terms and Conditions for Credit Transactions] Article 8 (Liability for Payment prior to Deadline) (1) In the event that any of the following events occurs with respect to a debtor, the debtor does not have a notice of demand from the company, as a matter of course, even if there is no notification of demand from the company.

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