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(영문) 창원지방법원 2016.11.30 2016가단8070
물품인도
Text

1. The defendant shall be the plaintiff.

A. To deliver the goods listed in the separate sheet, and to the extent that the delivery is impossible, 2,800.

Reasons

1. Basic facts

A. The Plaintiff, who is a container lessor, concluded a lease agreement with the Defendant on two containers including the instant container (hereinafter “instant lease agreement”) as follows.

Article 1 (Lease Period and Rent): Rent of 600,00 won from June 9, 2015 to September 8, 2015: 60,000 won: 2nd unit = 1.2 million won in transportation fees of 1.2 million won in transportation fees of 520,00 won: 3m x 8m, 2nd container amount: 5.6 million won in advance (2nd unit) rental fees.

Provided, That when the period of use becomes known during a month, it shall be calculated in 10,000 per day (10,000) in excess of the daily period.

B. After that, the Plaintiff and the Defendant extended the instant lease agreement without setting a period, and the Defendant used two containers as a construction site office.

On November 26, 2015, the Plaintiff sent to the Plaintiff a letter stating that the completion of construction works and two of the ear container offices of the ear company can be completed by November 27, 2015, and the said letter of public order reached the Plaintiff on the same day.

C. On November 28, 2015, the Plaintiff settled the container usage fee with the Defendant and recovered one of the containers leased.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 3, the purport of the whole pleadings

2. The part concerning the delivery of movables and the claim;

A. According to the facts as seen earlier prior to the termination of the instant lease agreement, the instant lease agreement constitutes a movable property lease agreement with no agreement period, and thus, the parties concerned may terminate the lease agreement at any time, but at any time, five days have passed from the date of receipt of the notice of termination (Article 635(2)2 of the Civil Act). As such, the instant lease agreement on December 2, 2015, when five days have elapsed from November 26, 2015, which was served on the Plaintiff the notice of termination by the Defendant, was lawful.

B. Accordingly, the decision is followed.

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