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(영문) 대구지방법원경주지원 2019.02.12 2018가단14178
유체동산인도
Text

1. The defendant shall deliver each of the goods listed in the attached list to the plaintiff.

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

3...

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 8 (including paper numbers) and the whole purport of the pleadings.

On May 19, 2015, the Plaintiff (former E Co., Ltd.) that is engaged in lease and credit business, etc. entered into a lease agreement with F on the amount of KRW 220,000,000 for each item stated in the “loan 1” in the attached list with F and the attached list, and the lease agreement was concluded at KRW 60,00 for the lease period, KRW 3,982,163 for the lease period.

(hereinafter “instant First Contract”). After that, the Plaintiff, F, and C (hereinafter “C”) entered into a contract to change the lessee from F to C on August 28, 2017.

(other than the change of lessee, the content of the agreement is the same as the previous lease agreement).

In addition, on June 11, 2018, the Plaintiff entered into a lease agreement with C as KRW 105,745,05, lease period of 48 months, lease fee of 2,498,960 on each item stated in “loan 2” in the attached list with C and the attached list.

(hereinafter referred to as “instant second contract”). C.

If the Plaintiff and C have delayed the payment of monthly rent more than two consecutive times in each of the above contracts, the Plaintiff and C may terminate the contract after notifying the customer of the delay of performance and claiming the return of the goods at least three business days prior to the date of termination of the contract, and if the contract is not notified to the customer by not later than three business days prior to the date of termination of the contract, the date on which three business days have elapsed from the date of actual notice.

Pursuant to each of the above contracts, C has been transferred and used each of the items listed in the separate sheet.

E. From July 25, 2018, C began to pay the lease fee under the instant first contract from around July 25, 2018, and to pay the lease fee under the instant second contract from September 1, 2018, respectively.

Accordingly, on October 2, 2018, the Plaintiff notified C of the fact of delinquency in lease fees and the payment thereof, and did not pay it.

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