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(영문) 서울중앙지방법원 2015.06.12 2014가합61819
동산인도
Text

1. The Defendants jointly deliver the goods listed in the attached list to the Plaintiff.

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

Reasons

1. The facts of recognition are as follows: On October 15, 2013, the date of the second lease contract of the second lease contract of the date of October 15, 2013, the lease period of No. 1 to 5 attached Table 6 No. 42 months and the lease period of No. 42 months and 42 months; on October 30, 2013: 4,170,400 won; 1,2 installments: 850,000 won: 3,54,90 won; 1, ownership of the leased object is reserved to the Plaintiff until the lease fee is paid in full.

(2) If lease fees are in arrears at least twice consecutively, it is the reason for loss of the benefit of time and termination of the contract.

③ In the event compulsory execution is commenced for leased objects, the Plaintiff shall be notified without delay.

The Plaintiff entered into each lease agreement (hereinafter “each lease agreement of this case”) with Defendant A with respect to the object indicated in the separate sheet (hereinafter “lease”) as indicated in the following table.

B. At the time of the conclusion of each of the instant lease agreements, Defendant A established a building located in the wife C, which was leased by Defendant B from Defendant B upon delivery of the pertinent leased items.

C. Defendant A did not notify the Plaintiff of the subsequent rent twice or more later, but did not notify the compulsory execution on the leased property by D on November 12, 2014.

On December 8, 2014, the Plaintiff notified Defendant A of the termination of the contract due to the loss of the benefit of time, and requested the return of the leased object.

As Defendant B was not paid a rent to Defendant A, Defendant B closed the leased object on which the leased object is installed and refused to take out the leased object.

[Reasons for Recognition] ① between the plaintiff and the defendant: Article 150(3)(self-conscept) of the Civil Procedure Act; ② There is no dispute between the plaintiff and the defendant; entries in Gap 1 through 4, 7 through 9, 11, and 12; and the purport of the whole pleadings

2. The judgment of this Court

A. According to the facts found in Paragraph 1 of the judgment on the Plaintiff’s cause of claim, each of the instant lease agreements was lawfully terminated around December 8, 2014.

Therefore, Defendant A is a lease contract unless there are special circumstances.

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