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(영문) 인천지방법원 2018.04.19 2017가단226963
동산인도청구 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 28, 2016, the following lease agreement was made between the Plaintiff, C (hereinafter “C”), and the Defendant with respect to the automated production machinery (hereinafter “instant machinery”) as indicated in the separate sheet on March 28, 2016:

(hereinafter “instant lease agreement”). Article 1 (Purpose): The Plaintiff (A) shall lease the instant machinery owned by the Plaintiff to C (B), and C and the Defendant (A) shall lease it.

Article 2 (Rents): The rent of the instant machinery shall be 5,000 won per fire door on the basis of the output of a fire door, which is a product.

Based on this, C shall calculate the rent as of the end of each month and pay it to the Plaintiff.

And in any case, C should ensure that at least 35,00,000 rental fees shall be paid to the Plaintiff for annual fire doors of at least 7,000.

Article 3 (Period): From 2016 to 2021, Article 4 (Duty to Maintain Management): C and the defendant are obligated to keep and maintain the machinery of this case, and they shall not transfer, sublease, provide security, or take any other disposition with respect to the machinery of this case.

Article 5 (Confidentiality) : C shall strictly observe all information on the structure, specifications, capacity, and any other information on the instant machinery leased by the Plaintiff, and shall not start this to a third party.

Article 7 (Obligation to Provide Data): C and the defendant shall provide the plaintiff with the data (the purchase contract and tax invoice, such as iron plates, and the sales contract and tax invoice of fire doors, etc.) to calculate the rent under Article 2 at the end of each month.

Article 9 (Special Agreement):At present, the District Court Decision (2014 Gohap 53100, 54745) (2014 Gohap 5310, 54745) is in progress for the instant machinery, and C and the defendant shall cooperate in the trial and appraisal procedures

B. On the cover and the horse of the instant lease agreement, the Plaintiff is indicated as the lessor, C as the lessee, and the Defendant as the user, respectively.

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