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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
On February 27, 2017, the Plaintiff entered into a lease agreement on movable property listed in the separate sheet (hereinafter “instant lease agreement”) with the Defendant at KRW 2,269,606 (hereinafter “instant movable property”). Article 20(2) of the terms and conditions attached to the instant lease agreement provides that “if the customer (the Defendant) has continuously delayed the monthly rent at least twice a month, the financial company (the Plaintiff) may, upon delay in performance of the obligation, terminate the contract after notifying the customer of the termination of the contract, and claim the return of the object by not later than three business days prior to the date of termination of the contract, and if the notification is not given to the customer by not later than three business days prior to the date of termination of the contract, the date three business days after the date the actual notification is delivered to the customer is the date of termination of the contract, and the Defendant paid the lease fees from February 10, 2018 to the date of termination of the contract.” The Plaintiff can be found to have notified the Defendant of each of the contents or termination of the agreement.
According to the above facts, since the lease contract of this case was lawfully terminated on the ground of the defendant's default, the defendant is obligated to deliver the movable property of this case to the plaintiff.
In regard to this, the Defendant asserts to the effect that the deposit and monthly rent already paid by the Defendant should be offset. However, this is related to the monetary obligation borne by the Defendant under the instant contract, and as long as the instant lease contract has been terminated, it cannot be rejected for the Plaintiff’s claim for delivery of the instant movable property on account of such circumstances. Therefore, the Defendant’
The plaintiff's claim of this case is justified and accepted.