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(영문) 창원지방법원마산지원 2015.07.16 2015가단2006
동산인도
Text

1. The Defendants shall deliver to the Plaintiff the goods listed in the separate sheet.

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

3...

Reasons

1. Facts of recognition;

A. On April 30, 2013, the Plaintiff entered into a siren (hereinafter “instant contract”) agreement with respect to the goods listed in the Yongsan Park Co., Ltd. and the separate sheet, setting a siren period of 36 months and sirens fee of 3,843,400 (including additional dues). The Defendants jointly and severally guaranteed the obligations of Youngsan Park Co., Ltd. under the instant contract.

The main contents of the contract made at the time are as follows:

Article 12 [Loss of Maturity and Termination of Contract] ① When a cause falling under any of the following subparagraphs occurs to Company A (YTC), Party B (Plaintiff) shall notify Party A of the correction of the violation for a fixed period of not less than 14 days, and Party A may lose the benefit of time and Party B may avoid this contract if Party A fails to comply with it within that period:

1. When he/she delays the payment of sirens at the same time. (3) In cases where this contract is terminated, A shall, without delay, return the goods to B pursuant to Article 13(1) through (3) and simultaneously pay the following amount:

B. According to the instant contract, the Plaintiff handed over the attached list to Youngsantech Co., Ltd.

C. The Plaintiff did not pay rental fees under the instant contract, the Plaintiff notified the Youngsan Tech Co., Ltd. and the Defendants of the correction thereof, and terminated the instant contract on December 31, 2014.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. Since the contract of this case was terminated by the plaintiff's assertion, the defendants as joint and several sureties are obligated to deliver the articles listed in the attached list to the plaintiff.

B. According to the facts acknowledged prior to the determination of the claim against Defendant A, Defendant A, who jointly and severally guaranteed the obligation of Youngsan C&C Co., Ltd. under the instant contract, shall deliver to the Plaintiff the goods indicated in the attached list.

(c).

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