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1. Of the judgment of the first instance court, each of the corporeal movables listed in the separate sheet No. 1 from May 22, 2014 to the Plaintiff.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff (the first trade name was a “stock company,” but the trade name was changed later as at the present.
(A) February 13, 2013, a limited liability company A (hereinafter referred to as “A”)
2) Each of the corporeal movables listed in the separate sheet No. 1 (hereinafter “instant No. 1”).
(3) As to the term of siren period from February 14, 2013 to February 13, 2016, the term of siren period is set at KRW 2,197,00 (excluding value-added tax) monthly, and the contract deposit is set at KRW 13,60,000 (hereinafter “instant siren period”).
(2) On May 20, 2013, the Plaintiff entered into a contract with A to lease each of the corporeal movables listed in the separate sheet No. 2 (hereinafter referred to as “instant corporeal movables,” along with the instant No. 1, on May 22, 2013 to May 21, 2016, the siren period from May 22, 2013 to May 21, 2016, with the rental fee of KRW 1,981,00 (value added tax separate), and the contract deposit of KRW 14,830,00 (hereinafter referred to as “the instant 2 siren contract”), and delivered the said machinery to A on the same day.
3) Each of the instant sirens contract may terminate each of the instant sirens contract in a case where a siren user delayed payment of the sirens for not less than one month (Article 20(1)), and where a third party uses the sirens without the Plaintiff’s prior written consent, or installs goods at the workplace owned by a third party, or transfers, provides security, leases, or transfers possession to a third party (Article 20(4)). Where each of the instant sirens contract is terminated halfway, A shall immediately return each of the instant sirens to the Plaintiff (Article 27(1)), and the ownership of the sirens is owned by the Plaintiff (Article 2, provided, however, that A may acquire the ownership of the sirens from the Plaintiff at a specified amount at the expiration of the siren period.