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(영문) 광주지방법원 2015.05.08 2014나10768
유체동산인도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Recognizing the facts of determination as to the cause of the claim: Lease deposit of KRW 113,60,00: 11,360,000 for the acquisition price of the machine learning center (SIUS-7050): 48 months lease period: In cases where the terms and conditions of the contract for facility leasing of KRW 2,552,200 on a monthly basis and any of the following subparagraphs occurs to B (Defendant) under Article 20 of the standardized terms and conditions of the contract for facility leasing of KRW 2,552,200: A (Plaintiff) shall notify the correction of the violation within a reasonable period specified, and if B fails to correct the violation within such period, B shall lose the benefit of time, and A may terminate this contract:

Provided, That this contract may be terminated without a peremptory notice, if it is impossible to correct due to the nature of the matter.

(5) When the obligation under this contract or any other contract entered into with the party A fails to be performed at the maturity date or violates the provisions concerning an important prohibited act under the contract, the return of Article 25 (1) shall, when the lease contract is terminated or the contract is terminated and the Party A claims the return of the goods, return the goods to the place designated by the Party A without delay at its own expense within the same administrative district as the location of the business shop of the Party A (in case of Seoul, including Do, Special Metropolitan City or Metropolitan City: Provided, That in case of Gyeonggi

On December 20, 2010, the Plaintiff entered into a facility lease agreement (hereinafter “instant contract”) with the Defendant with the following terms and conditions, and around that time, delivered the instant movable property to the Defendant pursuant to the instant contract.

From August 11, 2013, the Defendant delayed the payment of rent, and as of December 10, 2013, the overdue rent reached KRW 14,811,797.

On December 10, 2013, the Plaintiff sent a notice of prior cancellation of the contract to the Defendant, and notified the Defendant that the contract will be terminated on the following day of the said deadline if the Defendant did not pay the overdue rent by December 25, 2013.

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