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(영문) 서울중앙지방법원 2015.12.17 2015가단116764
동산인도
Text

1. The defendant shall deliver to the plaintiff movables listed in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. On July 5, 2013, the Plaintiff entered into a facility lease agreement (hereinafter “instant first agreement”) with the Defendant with the following terms, and around that time, delivered the leased article to the Defendant pursuant to the instant first agreement.

Lease articles and quantities: Lease period of 135,820,00 won for a type of shot-type aircraft (manufacturing No. A137S1300): Two to thirty-six times per month for a period of 36 months: 3,547,066 won (the principal and interest thereon): Two times per month; 4,419,805 won

B. On August 19, 2013, the Plaintiff entered into a contract for facility leasing (lease) with the Defendant (hereinafter “instant contract”) with the following terms and conditions, and around that time, delivered the leased article to the Defendant pursuant to the instant contract No. 2.

Lease articles and quantities: The lease period of 140,460,00 won for the first time of a shooting type aircraft (manufacturing No. A137S1551): 3,759,727 won at one time for 36 months: 2: 3,759,727 won at one time for 3,540,160 won.

C. Of the standardized terms and conditions applicable to each of the contracts of this case, the following are applicable to this case.

Where any of the following provisions of Article 20 termination of a contract has occurred to Eul (Defendant), Gap (Plaintiff) shall notify him/her of the correction of such violation within a reasonable period specified, and if Eul does not correct such violation within such period, Eul (Plaintiff) may lose the benefit of time and Gap 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.

(1) When the lease contract is terminated or the contract is terminated and the claim for the return of the goods is made by the Party A to the same Do as the location of the business place of the Party A, the administrative district of the Special Metropolitan City or the Metropolitan City under this contract is the same as that of the Party A, and the Special Metropolitan City or the Metropolitan City: Provided, That Seoul is Gyeonggi-do.

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