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(영문) 서울서부지방법원 2019.10.29 2019가단217196
유체동산인도
Text

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

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff is a company that leases a cargo molet, which enables the storage and transportation of goods in a certain size and unit, and the Defendant is an individual who runs a distribution business of publications, such as books, in the trade name of “D.”

B. Around May 26, 2015, the Defendant occupied 50 Pletlet 50 (hereinafter “Plet 500”) owned by the Plaintiff as indicated in the separate sheet as indicated in the separate sheet. Around May 26, 2015, the Defendant entered into a sales contract with the Plaintiff and the instant Plet 10 won per day with respect to the instant Plet 10 fee and one year with respect to the contract term. Article 19(1) of the above sales contract provides that the contract may be terminated in a case where the user delays the payment for the use of goods for three months or more.

(hereinafter referred to as "the instant lease agreement". C.

The Defendant paid the Plaintiff the royalty, but did not pay it from February 2018.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. (1) According to the above facts, the instant lease contract was lawfully terminated due to the delivery of the complaint of this case containing the Plaintiff’s expression of intent to terminate the instant lease contract according to the Defendant’s delinquency in payment of the usage fee. Thus, the Defendant is obligated to deliver the instant set to the Plaintiff, barring any special circumstances.

(2) As to this, the Defendant purchased the instant soft in a middle and high market, and legitimately bona fide acquired the instant soft, and the Plaintiff entered into a lease agreement with the Defendant by forcing the Defendant to enter into a lease agreement on the instant so that the instant lease agreement shall be null and void, or shall be revoked by a contract entered into by duress, and thus, the Defendant does not have any obligation to return the instant so.

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