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(영문) 수원지방법원 2015.07.17 2014가단28776
유체동산인도
Text

1. The defendant shall deliver to the plaintiff each movable property listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On August 28, 2013, the Plaintiff, engaging in mechanical installment financing business and lease business, concluded a lease agreement with a more Blols Co., Ltd. (hereinafter referred to as “non-party company”) under which the lease period of KRW 5,00, including each movable property listed in the separate sheet (hereinafter referred to as “each movable property of this case”) was 48 months, monthly rent is 48 months, monthly rent is 4,148,124, and monthly rent is 3,691,220 won, respectively, and leases to the non-party company (hereinafter referred to as “instant lease agreement”).

B. At the time of the conclusion of the instant lease agreement, the Plaintiff and the Nonparty Company agreed to return each of the instant movable property to the Plaintiff where the said lease agreement was terminated due to the Non-Party Company’s failure to perform its obligation.

C. From around that time, the non-party company established and used each of the instant movable property on the 10 lot operation, which is a place of business, and later delayed the lease fee to be paid to the Plaintiff.

On April 24, 2014, the Plaintiff notified the non-party company that the instant lease agreement was terminated and that subsequent lease obligation amounted to KRW 131,906,872.

At present, each of the movables in this case is occupied and used by the defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the cause of the claim, the lease contract of this case was lawfully terminated. Thus, the defendant is obligated to deliver each of the movable property of this case to the plaintiff who is its owner, unless there are special circumstances.

B. The Defendant’s assertion 1) As to this, the Defendant Company D (hereinafter “D”).

(2) The bona fide acquisition of each of the instant movables is effective as a system for protecting the safety of transaction, after lending KRW 114.3 million to the extent that it was concluded to secure the obligation of the said loan.

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