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(영문) 수원지방법원안양지원 2015.09.11 2014가합4489
유체동산인도 등
Text

1. The Defendants deliver the corporeal movables listed in the attached list to the Plaintiff, and the Defendant A delivered the corporeal movables to the Plaintiff, and the amount of KRW 197,898,672 and its amount.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) is a company engaged in the business of manufacturing and selling camping cars, ices, and car clubs, and D Co., Ltd. (hereinafter “D”) concluded a franchise agreement with a company engaging in automobile camping business, etc. with accommodation business operators and operated it by proxy or by being entrusted with the accommodation business with the reservation system on its own website. The Plaintiff (hereinafter “Plaintiff”) purchased and leased camping cars, etc. produced by C.

B. On November 12, 2012, the Plaintiff entered into a siren agreement with Defendant A on the corporeal movables in the attached list (hereinafter “instant camping car”) as follows (hereinafter “instant siren agreement”). On November 27, 2012, the Plaintiff installed the instant camping car at the place following the same month.

The location: The rental period of Yangyang-gun, Gangwon-do E (hereinafter referred to as "land in this case"): Three years (from November 27, 2012 to November 26, 2015): Deposit of KRW 6,048,000 per month: 198,000 per annum: 24% interest per annum: 110% of the principal of the remainder (103% of the unpaid principal when repayment is made): Cmms:

C. Defendant A paid only part of the sirens for September 2013, and did not fully pay sirens from October 2013, the Plaintiff notified Defendant A of the termination of the instant sirens contract on July 28, 2014.

On the other hand, D, upon Defendant A’s consent on May 25, 2013, installed the instant camping zone on the land of Hongcheon-gun, Gangwon-do, Hongcheon-do, which entered into a joint business agreement for the establishment and operation of the instant camping zone with D.

[Ground for Recognition] Defendant B: The fact that there is no dispute over Defendant A: Gap's entries, Gap's evidence 1 through 3, 6, 8, Eul's evidence 8 (including each number), and the purport of the whole pleadings

2. According to the above facts of recognition as to the claim against the defendant B, the defendant B.

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