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(영문) 부산지방법원 2015.12.23 2015가단218835
유체동산인도
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) deliver movable property listed in the separate sheet;

(b) 61,084,500 Won and its corresponding;

Reasons

1. Facts of recognition;

A. On February 9, 2014, the Plaintiff entered into a instant lease agreement (hereinafter referred to as “instant lease agreement”) with Defendant B Co., Ltd. (hereinafter “Defendant Company”) by setting the deposit deposit amounting to KRW 31,134,00, monthly rent amounting to KRW 7.5 million (excluding value-added tax), and the lease period from February 16, 2014 to February 14, 2016 (hereinafter “instant lease agreement”), and the key contents thereof are as follows.

All the relevant expenses for specialized transportation, installation, dismantling, and decommissioning after completion of lease: The place where the defendant's association bears the responsibility: Article 1 (Deposit, etc.) of the General Conditions of Contract E in the Chungcheongbuk-gun, the obligation to pay the rent shall be issued from the date of passing the test for trial operation.

(3) The obligation to pay rent arises regardless of the operation of the defendant company.

Article 7 (Expenses, etc.) Defendant Company shall bear the following costs:

1. When the contract is terminated or terminated under Article 8 (Recovery), the defendant company must restore the leased machines to its original state and deliver them to the plaintiff.

Article 11 (Cancellation, etc. of Contracts) In any of the following cases, a contract may be terminated or rescinded:

2. When he/she delays the payment of monthly rent on at least two occasions;

3. If a joint and several sureties violates any obligation under the contract, he/she shall be jointly and severally liable with the defendant company for all of the obligations of the defendant company under this contract.

Article 17 (Other) Trial run shall be deemed to have passed the test run by the defendant company's certificate of test run.

On the other hand, at the time of the instant lease agreement, Defendant C jointly and severally guaranteed the obligation under the instant lease agreement.

B. The Defendant Company established the instant movable property by transporting it to the place of installation after the instant lease agreement was concluded.

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