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(영문) 부산지방법원 2015.04.07 2014가단249009
유체동산인도
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 September 30, 2013, the Plaintiff and the Defendant concluded a lease agreement between the Plaintiff and the Defendant to lease the movable property indicated in the attached list (hereinafter “instant movable property”) to the Defendant, and to pay rent monthly from the Defendant (hereinafter “the instant lease agreement”). The key contents of the instant lease agreement are as follows.

On the other hand, the defendant has taken over the movable property of this case from the plaintiff in accordance with the lease contract of this case and has been occupying and using it until now.

Lease: The date on which the lease was executed on September 30, 2013: the lease period of KRW 71,200,000: the lease period of KRW 36 months: 18,00,000 [Terms and Conditions] Article 1(1)(Purpose) of the Terms and Conditions of the Loan Agreement provides for matters concerning the rights and obligations between the plaintiff and the defendant in the facility lease agreement to purchase and use the leased articles directly selected by the defendant under the terms and conditions attached to the General Terms and Conditions of Credit Transactions.

Article 3 (Liability of Defendant) (2) Ownership of leased articles shall be owned by the Plaintiff, and only the Defendant shall have the right to use the leased articles.

Article 20 (Cancellation of Contract by the Plaintiff) (1) If any of the grounds prescribed in Article 8(1) of the Basic Terms and Conditions for Credit Transactions occurs to the Defendant, the Plaintiff may immediately terminate this contract and claim the return of the goods without notice and notice.

② If the Defendant delays monthly rent twice or more consecutive delay, the Plaintiff may terminate the contract after notifying the Defendant of the fact of delay of performance of the obligation and the termination of this Agreement three business days prior to the date of termination of the contract, and request the Defendant to return the goods. If the Defendant fails to notify the Defendant three business days prior to the date of termination of the contract, the date three business days after the date the actual notification is delivered shall be the

B. The Defendant did not pay rent from April 10, 2014, and the Plaintiff is the Defendant on June 13, 2014.

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