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(영문) 서울남부지방법원 2016.10.14 2016가단225296
유체동산인도
Text

1. The defendant shall be the plaintiff.

(a) deliver the goods listed in the separate sheet;

B. KRW 48,950,000 and as regards it, September 2016.

Reasons

1. Indication of claim;

A. The Plaintiff is a company running a business such as the installation, maintenance, and repair of consular and sound devices, and the Defendant operates a film theater in the name of “C” in Jinjin-gun B.

B. On March 30, 2013, the Plaintiff entered into a lease agreement with the Defendant on the items indicated in the separate sheet, which are digital cinema system equipment, as follows:

① In order to screen digital movies to the Defendant’s film centers, the Plaintiff provided all system equipment as shown in the attached list and set up at a place designated by the Defendant.

(2) The defendant recognizes that all of the systems equipment leased by the plaintiff is owned by the plaintiff, and the defendant shall not transfer, lease, provide as security, etc. the above equipment to a third party.

③ As of March 30, 2013, the term of the contract is the time when the Defendant transferred the claim for the VPF theater subsidy to the Plaintiff, which the Defendant had with the Eddis Korea Co., Ltd., pursuant to Articles 3 and 6 of the digital cinema system screening contract concluded with the Defendant and Eddis Korea Co., Ltd.

④ The Defendant decides to transfer to the Plaintiff the claim of VPF theater support funds held by the Defendant against Eddis Korea Co., Ltd.

The defendant shall pay 1,500,000 won per month (excluding surtax) at rent for the equipment leasing the digital cinema system in cash on the 15th of the following month.

⑤ When the Defendant and the Plaintiff fail to faithfully perform their mutual contract terms, they may notify the other party of the cancellation.

C. From April 22, 2013 to November 13, 2015, the Defendant paid a total of KRW 13,750,000 to the Plaintiff, and the Plaintiff discontinued its business on May 8, 2016 without paying the remainder, and thus, the said lease contract is terminated upon the delivery of a duplicate of the instant complaint.

Therefore, the defendant delivers the attached list to the plaintiff, and from April 1, 2013 to May 31, 2016.

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