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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 16,713,920 as well as to the plaintiff on May 1, 2012.
Reasons
1. The following facts may be found either in dispute between the parties or in combination with Gap evidence Nos. 1, 2, 4, and 9-3, 4, 12, 1, 2, 7, 9, and 10, as a whole, as evidence of Gap evidence No. 1, 2, 4, and 9-3, 12, and 12.
On December 28, 2009, the Plaintiff set the period of lease from January 2, 2010 to December 2012, 36 months, total lease fees of KRW 82,398,13, lease fees of KRW 2,089,240, lease deposit money of KRW 7,040,00.
(hereinafter referred to as “instant lease agreement”). B.
Around January 201, the Defendant purchased the instant machinery from B in the amount of KRW 60,00,000,000, and decided to substitute for the method of paying KRW 2,200,000 each month to B the remainder of 24 months (from January 201 to December 2012).
From around that time, the Defendant kept and used the instant machinery at a factory located in Busan Sho-gu D, but transferred the instant machinery to a factory located in Kimhae-si and kept it on January 1, 2012.
C. Since June 2011, the Plaintiff demanded the payment of the rent for the instant machinery, and even if the rent was not paid, the Plaintiff terminated the instant lease contract around August 201, and received a favorable judgment on November 30, 201 by filing a lawsuit against B seeking the delivery of the instant machinery (Seoul District Court 201Gadan82601), and the said judgment became final and conclusive on December 27, 201 of the same year.
Since then, the Plaintiff sought delivery of the instant machine to the Defendant, and the Defendant had lawfully purchased the instant machine from B and acquired its ownership, and did not comply with the Plaintiff’s request.
E. On the other hand, the Plaintiff and the Defendant around May 2012, until the result of the instant lawsuit seeking the return of the instant machinery was reached.