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(영문) 수원지방법원 2015.08.19 2014가단61933
동산인도
Text

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. Facts of recognition;

A. On January 24, 2014, the Plaintiff, which is a specialized credit financial business company that mainly carries out facility leasing business, concluded a facility leasing agreement (hereinafter “lease agreement”) with A with respect to the two machinery units, including movable property listed in the separate sheet (hereinafter “instant machinery”), 39 months for lease, 33,48,00 won for lease deposit, 2,206 won for lease deposit, 2,204,226 won for the first time to the third time, 4 to the 39th month for lease, 9,651,094 won for the fourth time (hereinafter “instant lease agreement”).

B. According to the instant lease agreement, the ownership of the leased object belongs to the Plaintiff as the lessee company, and A, the user corporation, agreed not to have any property right or interest with respect to the object other than the right to use the object under the pertinent contract, and promised to faithfully fulfill the obligation to pay the lease fee, which has the nature of the leased object during the lease period (the lease period).

In addition, if the contract is terminated due to the user's default of the rental fee and the user's loss of interest after the conclusion of the lease contract, A would suspend the use of the leased article, return the article without delay, and pay the lease fee, including the provision of the loss.

C. Article 20(1) of the terms and conditions of the instant lease agreement provides that if any of the grounds stipulated in Article 8(1) of the Terms and Conditions for Credit Transactions occurs to a customer, a financial company may immediately terminate this agreement and claim for the return of leased goods without demanding notice and peremptory notice. Article 8(1) of the Terms and Conditions for Credit Transactions [Duty to Discharge Obligations before maturity] does not require and notify the company to pay all obligations to the company, if any of the following grounds arises with respect to the obligor, even if there is no demand and notification from the company, the obligor is naturally deprived of all obligations to the company.

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