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(영문) 수원지방법원안산지원 2019.05.22 2018가단63283
유체동산인도
Text

1. The Defendants jointly deliver to the Plaintiff the movable property listed in the separate sheet.

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

Reasons

1. Basic facts

A. On August 18, 2015, the Plaintiff engaged in installment financing business, facility leasing business, etc., as the owner of the equipment listed in the attached Table (hereinafter “instant equipment”) and entered into a lease agreement with Defendant B with respect to five units of equipment listed in the attached Table (hereinafter “instant equipment”); and ② on May 3, 2016, a lease agreement with respect to one unit of equipment listed in the instant equipment (hereinafter “instant lease agreement”) with respect to one unit of equipment listed in the attached Table (hereinafter “instant equipment”); and the relevant parts of the terms of the instant lease agreement are as follows.

Article 20 (Termination of Contracts by Financial Companies) (2) Where a customer delays monthly rent more than two consecutive times, the financial company may request the customer to terminate the contract after notifying the customer of the delay of performance of the obligation and the termination of the contract by not later than three business days prior to the date of termination of the contract, and where the customer is not notified by not later than three business days prior to the date of termination of the contract, the date three business days after the date of actual notification shall be the date

Article 26 (Liability for Return of Goods or Non-performance of Purchase Procedures) (1) Where a lease contract is terminated earlier, the customer shall without delay return the goods to the financial company at his/her own responsibility and expenses at the place designated by the financial

B. Defendant B received delivery of the instant equipment from the Plaintiff and used it at an enterprise of “F” located in Ansan-si D&E.

C. From January 15, 2018, Defendant B did not pay the monthly rent as stipulated in the instant lease agreement. D.

On the other hand, G, which was an actual operator of “F”, entered into a contract with I operating H on January 31, 2018 to transfer 35 billion won of stamped machine to 1.4 billion won.

E. On February 6, 2018, H would sell to Defendant C Co., Ltd. (hereinafter referred to as “Defendant C”) 25 out of the total of 35 pages acquired as above at KRW 880 million.

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