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(영문) 서울중앙지방법원 2016.02.17 2015가합25629
동산인도
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. Indication of claim;

A. On May 21, 2015 and May 22, 2015, the Plaintiff entered into a lease agreement with the Defendant on each movable property listed in the separate sheet as follows:

(hereinafter referred to as “the instant lease agreement”). Serial 25% per annum 25% per annum of the amount of overdue interest rate of KRW 239,487,50 per month for the lease term 36 months, 36 months, 316,961 (hereinafter “the instant lease agreement”).

B. According to the instant lease contract, if a lessee delays a rent, if there is a disposition of suspension of transaction at a clearing house, the lessee may terminate the lease contract if the lessee allows a third party to use the leased object or establishes the leased object at a third party’s place of business without the prior written consent of the lessee. If the lessee cancels the lease contract and claims the return of the leased object without delay, the lessee may return the leased object.

C. However, the Defendant did not delay the payment of the lease fee after the conclusion of the instant lease contract and did not pay the lease fee, and the Plaintiff expressed his intention to terminate the instant lease contract to the Defendant on November 2, 2015.

Therefore, the defendant is obligated to deliver each of the movables stated in the attached Form to the plaintiff as stipulated in the lease agreement of this case.

2. Article 208 (3) 2, and Article 150 (3) and (1) of the Civil Procedure Act of the applicable provisions of Acts (a judgment on deemed as private capital);

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