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(영문) 대구지방법원서부지원 2015.10.30 2015가합695
동산인도
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. In full view of the purport of the entire pleadings, the following facts can be acknowledged in each entry of evidence Nos. 1 to 7 (including paper numbers) of the basic facts as follows.

The Defendant entered into a lease agreement with the Plaintiff on each of the movables listed in the separate sheet No. 16789, as indicated below (hereinafter “instant lease agreement”). On December 23, 2014, the Defendant determined and transferred to the Plaintiff the collateral limit for the movables listed in the separate sheet No. 2345 as the collateral for the lease fee claim as KRW 48 million.

On March 31, 2014, the lease term acquisition cost of the leased object named as the date of the contract shall be KRW 30,000,000,000 for 24 months and 3,212,90,000 for high speed air 2,000 on August 27, 2014 (attached Form 67) 36 months and 146,000,000 won for high speed air 4,171,358 won and KRW 4,171,358 on December 23, 2014 (attached Table 1) 36 months and 340,00,000,000 won, 7,558,073 won on December 23, 2014.

B. However, as the Defendant delayed the payment of the lease fee, the Plaintiff terminated all of the instant lease agreements on the grounds of the delay around February 17, 2015.

2. Accordingly, the defendant is obligated to deliver each movable in the separate sheet to the plaintiff who is the owner or mortgagee. Thus, all of the plaintiff's claims seeking the performance are accepted, and it is so decided as per Disposition.

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