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(영문) 전주지방법원남원지원 2019.10.16 2019가단13
유체동산인도
Text

1. The defendant shall deliver to the plaintiff corporeal movables listed in the attached list.

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

3...

Reasons

1. On April 6, 2018, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) stating that “The content that the Defendant shall lease the instant movable property listed in the separate sheet (hereinafter “instant movable property”) from the Plaintiff and pay the Plaintiff KRW 1,720,200 per month for the lease fee.”

According to the instant lease agreement, if the Defendant delays the payment of the lease fees at least once, the Plaintiff may demand the Defendant to pay the lease fees for a fixed period of not less than 14 days and terminate the instant lease agreement if the Plaintiff fails to pay the lease fees within the fixed period (Article 22(1)1). If the instant lease agreement is terminated, the Defendant shall return the instant movable property to the Plaintiff.

(Article 20(1). The Plaintiff delivered the instant movable property to the Defendant according to the instant lease agreement.

From September 6, 2018, the Defendant did not pay the Plaintiff the five and the six annual rent, and the Plaintiff notified the Defendant of the payment of the rent in arrears on October 19, 2018.

On November 6, 2018, the Defendant did not pay the Plaintiff a seven-time lease fee, and the Plaintiff notified the Defendant of the termination of the instant lease contract on November 16, 2018.

[Reasons for Recognition] Unsatisfy, Gap 1-3, 7 evidence (including virtual number), the purport of the whole pleadings

2. According to the above facts of determination, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination pursuant to Article 22(1)1 of the said agreement, and thus, the Defendant is obligated to deliver the instant movable property to the Plaintiff pursuant to Article 20(1) of the instant lease agreement.

The plaintiff's claim is legitimate and accepted.

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