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(영문) 수원지방법원 성남지원 2018.04.27 2017가단223131
유체동산인도
Text

1. The defendant is the defendant's corporeal movables listed in the attached list, set up in 371, a road for the upstream-gun, Ulsan-gun, Ulsan-gun, to the plaintiff.

Reasons

Basic Facts

- On July 13, 2017, the Plaintiff concluded a commodity supply contract with the content that the corporeal movables listed in the separate sheet (hereinafter “instant machinery”) were purchased in KRW 206,250,000 and delivered to the Defendant.

- On July 20, 2017, the Plaintiff leased the instant machinery to the Defendant on the condition that deposit 61,875,000 won for sirens, monthly rental fee of KRW 7,069,810 (including value-added tax), monthly rental payment date of sirens (the last day), and 30 months for sirens (hereinafter “instant contract”) and 36 months for sirens period of 36 months (hereinafter “instant contract”). The key contents of the instant contract are as follows.

Article 1(B) The ownership of the article is owned by the Plaintiff, and the Defendant has the right to use the article in accordance with the instant contract.

Article 2 (Selection and Purchase of Things) (1) The defendant shall select goods on his responsibility, determine the specifications, etc. of the goods, and the plaintiff shall not be responsible for all other matters, such as quality, performance, etc. of the goods.

② After the Defendant puts on the certificate of the receipt of goods on a normal basis, the Defendant’s duty to pay sirens or other contractual obligations may not be refused on the ground that there is no or any defect in the latter.

Article 5 (Delivery of Goods) (2) The defendant shall conduct an immediate inspection of the goods to confirm the status and performance of the goods, and affix his/her seal on the written confirmation of the receipt of the goods.

Article 8 (Lerench Deposit) (2) Where this contract is terminated or terminated earlier, the Plaintiff shall refund only the amount remaining after deducting all the claims owed by the Plaintiff against the Defendant from the deposit under this contract.

Article 9 (Use, Keeping, Maintenance and Repair of Goods) ① The goods at the defendant’s option do not guarantee the maintenance and repair of the goods, the quality assurance, the stability of the goods directed by the defendant, the appropriateness of the purpose of use, and other products.

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