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(영문) 부산지방법원 2018.01.12 2017가단314881
유체동산인도
Text

1. The defendant shall deliver to the plaintiff the goods listed in the attached list.

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

3...

Reasons

1. Basic facts

A. On October 8, 2013, the Plaintiff entered into a lease agreement with A, under which the Plaintiff purchased goods listed in the separate sheet (hereinafter “instant goods”) to be used by A from the seller, and entered into a lease agreement with A to determine the monthly rent of KRW 6,560,50, and the lease period as 48 months from the date of issuance of the certificate of receipt of the goods (hereinafter “the lease agreement of this case”). Furthermore, the Plaintiff delivered the instant goods to A.

B. The main contents of the instant lease agreement are as follows.

(A) “A” and “B” are the Plaintiff. (3) In the event that Party A bears part or all of the purchase price of the goods or the import incidental cost at Party A’s request, Party A cannot assert ownership of the goods on this ground, and in any other case, the ownership of the goods shall be entirely reverted to Party B.

Article 20 (Return of Goods) ① When the lease period or the re-lease period under the conditions of return expires, or when the lease contract is terminated even if it is terminated, A shall without delay return the goods to B at a place designated by B within the administrative district (including Do, Special Metropolitan City or Metropolitan City: Provided, That in the case of Seoul, it includes Gyeonggi-do, and in the case of Metropolitan City, any adjacent Do) in charge of the conclusion of this contract at his own responsibility and expense.

Article 22 (Loss of Maturity and Termination of Contract) (1) When a cause falling under any of the following subparagraphs occurs to A, B shall notify A of the correction of such violation for a specified period of not less than 14 days, and where A fails to comply with it within such period, A may lose the benefit of time and terminate B.

1. When he/she delays the payment of lease fees under Article 5 (1) even once;

C. On February 10, 2017, the date when the termination of the instant lease agreement was settled by A, the Plaintiff.

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