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(영문) 서울중앙지방법원 2017.03.30 2016가합22276
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. Basic facts

A. The status of the party concerned is a company that mainly engages in facility leasing business that leases facilities, equipment, machinery, apparatus, heavy machinery, vehicles, vessels, aircraft, etc. (hereinafter “facilities leasing business”). Amateur Co., Ltd. (hereinafter “Amateur”) is a company that aims at manufacturing electronic equipment.

B. (1) On June 2, 2016, the Plaintiff entered into the instant lease agreement, etc. (hereinafter “the instant lease agreement”) with the Plaintiff as “a lease agreement,” each of the amounting to KRW 16,39,938, in 36 months, lease deposit amounting to KRW 36 million, lease deposit amounting to KRW 132,00,000,000: 36 months, lease deposit amounting to KRW 16,339,938.”

(B) AB signed the instant lease article and delivered the relevant lease article to ABE. The movable property listed in the separate sheet (hereinafter referred to as “instant lease property”).

(2) According to the instant lease contract, Article 20(2) of the instant lease agreement provides that “If a customer delays a monthly lease on at least two consecutive occasions, the financial company may terminate the contract after notifying the customer and claim the return of the leased article by not later than three business days prior to the date of termination of the contract, and if the customer fails to notify 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 actual notification is delivered to the customer shall be the date of termination of the contract.”

C. On July 4, 2016, Ghana (1) paid only KRW 4,893,724 out of the lease fees of KRW 16,339,938 based on the instant lease agreement to the Plaintiff, and did not pay the following lease fees. (2) On August 9, 2016, the Plaintiff sent the content-certified mail, which contains an expression of intent to terminate the instant lease contract on the ground of nonperformance stipulated in Article 20(2) of the terms and conditions of the instant lease agreement, to the Plaintiff on August 9, 2016.

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