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(영문) 수원지방법원안산지원 2016.05.20 2015가단31537
동산인도
Text

1. The Defendants shall deliver each machine listed in the separate sheet to the Plaintiff.

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

Reasons

1. Facts of recognition;

A. On May 22, 2015, the Plaintiff entered into a facility lease agreement (hereinafter “instant contract”) with Defendant A on each machine listed in the separate sheet (hereinafter “each of the instant machines”) as follows.

1. Supplier: two M&N loan Inc.;

2. Place of installation: Nam-gu Incheon Metropolitan City B.

3. Acquisition tax base: 258,800,000

4. Lease period: 48 months.

5. Lease deposit: 25,880,000 (20% of the acquisition cost)

6. Applicable lease interest rate: 6.5% per annum.

7. Lease fees: physical singot 5,63,900

8. Disposal after completion: Transfer after offsetting the security deposit of the withdrawn principal with the unpaid principal at the time of completion.

9. The overdue interest rate: 25% per annum (or 25% per annum at the time of changes in overdue interest rates of financial institutions)

B. The terms and conditions of the Plaintiff’s facility leasing terms and conditions included in the instant contract are defined as follows with respect to ownership and termination of the contract:

1. “Facilities leasing” (hereinafter referred to as “Lease”) means leasing facilities under the Specialized Credit Financial Business Act which are stipulated in the agreement between the parties concerned with respect to the disposal of the goods after the expiration of the period of use, by a financial company or a supplier (hereinafter referred to as “seller”) of the leased goods directly selected by the customer for use to the customer for a certain period or more.

Article 9 (Transfer of Ownership and Right) (1) If a third party claims a right on leased property, or is likely to infringe on the ownership of a financial company due to a preservative measure, compulsory execution, etc., the customer shall claim that the leased property is owned by the financial company and immediately notify the financial company of such fact.

(2) Every financial company may transfer all or part of the rights under this contract to a third party or provide it as security to the extent that it does not infringe upon the right of a customer to use the leased property.

Provided, That in such cases, the assignment of claims and provision of security shall be made in writing.

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