(영문) 서울중앙지방법원 2019.12.13 2019가합2075

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(영문) 서울중앙지방법원 2019.12.13 2019가합2075

동산인도 청구의 소

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1. The defendant shall deliver to the plaintiff each movable property listed in the separate sheet.

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

3...

Reasons

1. Basic facts

A. (1) On June 13, 2014, the Plaintiff entered into a contract for the lease of facilities (contract number: D) with respect to self-owned video equipment (MRI) from among the items indicated in the attached list “the name of the goods” as indicated in the attached list: 60 months; 14,766,90 won per annum; and 25% per annum of overdue interest rate; on April 21, 2017, the Defendant entered into the contract for the change of facilities (user) with the Plaintiff, who takes over the status of the lessee under the above facility lease agreement, and established at the F Hospital with the Defendant, which is operated by the Defendant on the first floor, with G Co., Ltd., and established at the F Hospital with the Defendant on April 14, 2017, the Plaintiff entered into the agreement for the lease of facilities (with respect to each item indicated in the attached list, 205% of the leased goods (hereinafter “the remainder of the leased goods”) with the Defendant, 305 months or less per annum.

Article 3 (Responsibilities of Lease Users) (2) Ownership of leased articles shall be held by the lessor, and the lessee shall only have the right to use the leased articles.

Article 20 (Cancellation of Contracts by Facility Lease Operator) (2) Where a lessee delays the monthly rent at least two consecutive times a month, the Equipment Lease Business Operator may request the lessee to terminate the contract after going through the lessee and request the lessee to return the leased article by no later than three business days prior to the date of termination of the contract, and where the lessee fails to notify the lessee of the termination of the contract three business days prior to the date of termination of the contract, the date three business days after the date the actual notification arrives shall be the date of termination of the contract.

3) The terms and conditions of the instant lease agreement (hereinafter referred to as “the instant lease agreement”).

유사 판례

-부산지방법원 2016.08.10 2015가합48637

-부산지방법원 2016.06.15 2015가합6510

-서울중앙지방법원 2015.12.09 2015가합3964

-서울중앙지방법원 2018.04.19 2017가합37671

-서울중앙지방법원 2015.03.26 2013가합24295