(영문) 부산지방법원 2014.12.17 2014가합13405

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(영문) 부산지방법원 2014.12.17 2014가합13405

동산인도

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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 Plaintiff is a corporation that runs facility leasing business of facilities, equipment, machinery, etc., and the Defendant is a corporation that manufactures automobile parts.

B. On May 2, 2013, the Plaintiff entered into a lease agreement with the Defendant with respect to movables listed in the separate sheet (hereinafter “instant machinery”) with the following terms (hereinafter “the instant lease agreement”), and delivered the instant machinery to the Defendant.

The acquisition cost: N-25,00,000 CNC Automatic Line N-25,00 won and 60,500,000 won and 143,500,000 won and 203,50,000 won and 60,000 won and 1,40,000 won and 203,50,000 won and 36 months rental deposit: 61,050,000 interest rate per 36 months rental deposit: 3.90% rental fee per one to 36,366,397,00 won (payment after each month).

C. The Defendant on June 3, 2013 and the same year

7. 2. The Plaintiff paid KRW 4,397,80, respectively, as the lease fee under the instant lease agreement.

Under the agreement with the plaintiff, the defendant succeeded to the status of the lease contract of this case to the non-party A Co., Ltd. (hereinafter referred to as "non-party A"), and on July 30, 2013, the plaintiff entered into a contract with the defendant and the non-party company to change the lessee (hereinafter referred to as "the contract to change the lease of this case") with the content that the non-party company will take over the status of the defendant as the lessee under the lease of this case. The main contents are as follows.

Article 4 (Payment of Lease Fees) The lease fees on the date of payment of the lease fees which arrive after the entry into force of this modified contract shall be paid by the non-party company.

Article 6 (Delivery and Defect of Lease Articles) The non-party company shall have the object delivered from the defendant as it is in custody of the defendant's storage place as of the date of the conclusion of the main contract on the lease, and the expenses incurred therein shall be borne by the non-party company, but the defendant and the non-party company may

E. Afterward, the non-party company is obligated to pay the lease fee to the Plaintiff.

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