logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.06.14 2017가합112872
유체동산인도
Text

1. The Defendant shall in the order of the Plaintiff each point indicated in the annexed drawing Nos. 1, 2, 3, 4, and 1 among the land size of Seongdong-gu Seoul Metropolitan Government 1342.8 square meters.

Reasons

1. Basic facts

A. The Plaintiff is a stock company with the objective of selling petroleum and subsidiary products, and the Defendant is a person who was supplied with petroleum from November 2015 to February 2016 by the Plaintiff and sold it.

B. On August 18, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the following terms: (a) the general handling place for transferring a lease deposit and underground tank storage (hereinafter “instant petroleum handling place”) to the Defendant; (b) the lease deposit amount of KRW 60 million; and (c) the lease deposit of KRW 15 million, out of the lease deposit of KRW 60,000,000,000,000,000 won, on the date of the contract; (c) the intermediate payment of KRW 20,000,000,000,000 won, until December 30, 2015; and (d) the remainder of KRW 25,000,000,000,000

C. On August 18, 2015, the Defendant paid the down payment of KRW 15 million to the Plaintiff pursuant to the instant lease agreement, and the Plaintiff delivered the instant petroleum handling place to the Defendant.

The Defendant did not pay to the Plaintiff the sum of KRW 20 million for intermediate payment and KRW 45 million for the remainder of KRW 25 million, among the leases stipulated in the instant lease agreement, until the said payment date.

E. On March 21, 2016, the Plaintiff urged the Defendant to pay the intermediate payment and the remainder 45 million won until March 18, 2016, but did not pay it.

Therefore, the cancellation of the instant lease contract shall be notified and the duty to restore, such as delivery of the instant petroleum handling facilities, shall be performed, and the down payment of KRW 15 million shall be confiscated.

“The content-certified mail” sent, and the above content-certified mail sent to the Defendant on March 22, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the ground for claim 1, the Defendant shall pay the Plaintiff the total sum of the intermediate payment and the remainder of the instant lease agreement to be paid.

arrow