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(영문) 서울중앙지방법원 2017.06.15 2016가단102038
동산 인도 청구
Text

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. Facts of recognition;

A. The Plaintiff is a company mainly engaged in facility leasing business and installment financing business, and the Defendant is a company that manufactures products using stuff-producing machinery.

B. On August 29, 2014, the Plaintiff entered into a lease agreement with the Defendant on the following terms: “Lease: 15,000,000 won: 36 months: Lease fees: 2,618,205 won (i.e., one another)” (hereinafter “the instant lease agreement”) and delivered the pertinent lease agreement to the Defendant.

Attached Form

Each movable set forth in the table 1 and 2 (hereinafter “lease”) is a leased object that the Plaintiff delivered to the Defendant according to the instant lease agreement.

C. The terms and conditions of the instant lease agreement stipulate as follows with respect to the ownership of the leased property and the termination of the lease agreement.

Article 10 Ownership (1) Lease users are limited to the right to possess and use the goods under this Agreement during the lease period, and in no case the ownership and other rights to the goods are transferred to the lessee.

Article 20 (Loss of Benefit of Time) The lessee shall lose the benefit of time due for all obligations in accordance with the procedures of each paragraph, as the reason for the cancellation of the contract at the time of the occurrence of the following:

However, the plaintiff can withhold or cancel the termination of the contract at his own discretion.

(2) If any of the following events occurs with respect to a lessee, the lessee shall naturally lose the benefit of the deadline for the relevant obligation and be fully repaid:

In such cases, the Plaintiff shall notify the lessee of the fact that the performance of the following obligations is delayed and the benefit resulting therefrom is lost at least three business days prior to the date of loss of the benefit due, and shall be three business days from the date the actual notification is delivered if the notification is not made three business days prior to the date of loss of the benefit due:

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