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(영문) 전주지방법원 2018.08.08 2018가단2662
유체동산인도
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 January 27, 2016, the Plaintiff and the Defendant entered into a facility lease agreement (hereinafter “instant facility lease agreement”) with respect to movable property listed in the separate sheet as follows, and the Defendant takes delivery of, and uses and benefits from, movable property listed in the separate sheet as leased property.

On January 27, 2016, the date of execution of the lease on March 30, 2016, the acquisition value of movable property listed in the attached list of the leased items, 200 million won, shall be one to 2,734,808 won per month on March 30, 2016 (payment on March 5, 201) for the lease period of 36 months from March 30, 2016.

B. At the time of the instant facility leasing contract, the Plaintiff and the Defendant agreed to “if the Defendant delayed the monthly rent at least twice consecutively, the Plaintiff was able to terminate the contract after notifying the Defendant at least three business days prior to the date of termination of the instant facility leasing contract and claiming the return of the goods” (Article 20(2) of the Facility Lease Clause). In the event of early termination of the facility leasing contract, the Defendant agreed to promptly return the goods to the Plaintiff at its own responsibility and cost at the place designated by the Plaintiff (Article 26(1) of the same Clause).

C. However, from February 5, 2017, the Defendant delayed the payment of monthly payment under the instant facility rental agreement, and did not pay arrears.

Accordingly, the Plaintiff filed the instant lawsuit against the Defendant on the ground that the Defendant did not pay monthly payments under the instant facility lease agreement, which sought the return of movable property indicated in the separate sheet, and the instant warden was served on March 21, 2018 on the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, 3 and 5 evidence, significant facts in this court, the purport of the whole pleadings

2. According to the above facts, the Plaintiff may terminate the instant facility lease agreement on the ground that the Defendant did not pay monthly payment under the instant facility lease agreement at least twice.

and the facts of the above recognition.

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