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(영문) 서울남부지방법원 2019.02.15 2018가단19280
자동차인도
Text

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

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

3...

Reasons

1. Facts of recognition;

A. On April 11, 2008, the Plaintiff entered into a lease agreement with the Defendant to lease facilities (hereinafter “instant lease agreement”) with respect to the motor vehicles listed in the separate sheet (hereinafter “instant motor vehicle”) with the following content:

- Lease term: 36 months: Lease fees: 1,217,30 won at one time, 2-36 times, 1,181,800 won at 14 days: - Return, purchase, and choice at the maturity of the lease after the termination of the lease - Where the lessee violates the obligation to pay the lease fees, etc. at least 60 days, the lessee may terminate the contract and claim the return of the vehicle, compulsory recovery and damages if the lessee fails to correct the violation within the reasonable period after demanding the lessee to correct the violation.

B. However, as the Defendant did not pay rent, the instant lease agreement was terminated around December 24, 2014, and the Plaintiff demanded the return of the instant automobile.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above facts of recognition, the instant lease agreement was terminated on December 24, 2014, and the Plaintiff demanded the return of the instant automobile. Therefore, the Defendant is obligated to deliver the instant automobile to the Plaintiff, barring any special circumstances.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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