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(영문) 수원지방법원안양지원 2016.05.19 2016가단2862
유체동산인도등
Text

1. The Plaintiff:

A. Defendant Fisheries Company A transferred corporeal movables listed in the separate sheet. B.

Reasons

1. On July 5, 2013, the Plaintiff entered into a siren agreement with Defendant Fisheries Company A (hereinafter “Defendant Company”) on the corporeal movables listed in the separate sheet between July 24, 2013 and July 23, 2016, with regard to the corporeal movables listed in the separate sheet, 36 months from July 24, 2013 to July 23, 2016; 1,389,000 won per annum; 24% per annum of rental deposit; 9,680,000 won for rental deposit; and 110% of the principal amount for the prescribed loss loss; and Defendant B transferred the said corporeal movables to the Defendant Company on July 17, 2013; and Defendant B jointly and severally guaranteed the Defendant Company’s obligation to pay the Plaintiff, such as rental fees, etc.

However, the Plaintiff terminated the said siren contract on February 1, 2016 on the ground that the Defendant Company failed to pay the rental fee of KRW 9,239,472 (excluding delay damages). As such, the Defendant Company is jointly obligated to deliver the said corporeal movables to the Plaintiff, and the Defendants jointly and severally liable to pay the Plaintiff damages for delay calculated at the rate of 24% per annum from February 2, 2016 to the date of full payment (i.e., the amount of KRW 9,908,02,00,00,000 (i.e., the amount of KRW 9,239,472 late 509,827 loss (i.e., the amount of KRW 9,838,725- - 9,680,000) and KRW 9,398,197.

2. Article 208 (3) 1 and Article 257 (1) of the Civil Procedure Act of a judgment without holding any pleadings.

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