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Reasons
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(영문) 서울중앙지방법원 2015.08.25 2014가단166571
동산인도
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1. The Defendants shall deliver to the Plaintiff each movable property listed in the separate sheet.

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

Reasons

1. Facts of recognition;

A. On October 10, 2013, the Plaintiff entered into a lease agreement (hereinafter “the instant lease agreement”), setting the printing machine as indicated in the separate sheet (hereinafter “instant printing machine”) between Defendant Dongi-gu Co., Ltd. (hereinafter “Dongi-N”) as 12 months of lease, monthly rent of KRW 1 to 6 times, monthly rent of KRW 1,810,66, KRW 7 through KRW 12 times, KRW 34,738,04, and delay compensation rate of KRW 25% per annum. Under the instant lease agreement with Defendant Dongi-N, the Plaintiff acquired the instant printing machine in accordance with the instant lease agreement, and installed and used the instant printing machine at Defendant Dongi-gu’s place of business in Pakistan-ri, Seoul-do.

B. “Lease agreement” refers to “facility leasing” as stipulated in Article 2 subparag. 10 of the Specialized Credit Finance Business Act. “Lease agreement” refers to a financing method whereby the Plaintiff newly acquired or leased leased goods selected as Defendant Eastern land for use during the lease period, and the Plaintiff receives the lease fees under the contract from Defendant Eastern land periodically in installments and disposes of the goods after the expiration of the lease period.

C. Article 20 of the lease contract of this case provides that the plaintiff may terminate the contract of this case in a case where the defendant East ASEAN did not allow the third party to use the goods without the plaintiff's prior written consent, or establishes an article in the workplace owned by a third party, and the defendant East ASEAN did not perform its obligation under the contract at the due date.

On December 16, 2013, Defendant A purchased the instant printing machine in the purchase price of KRW 310,000,000 (Additional No. 3) as Defendant Dong branch around December 16, 2013.

Defendant A transferred the above printing machine on December 28, 2013 and installed and used it in the workplace of Defendant A.

E. As of July 18, 2014, Defendant East Asia did not pay the lease fee of KRW 181,167,971, and the Plaintiff.

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