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(영문) 서울중앙지방법원 2017.10.27 2016가단5214738
기타(금전)
Text

1. The Defendant’s KRW 58,30,00 for the Plaintiff and KRW 6% per annum from May 19, 2016 to September 28, 2016.

Reasons

1. Basic facts

A. 1) The Plaintiff is a stock company A (hereinafter “A”) on March 27, 2013, and the Plaintiff is a stock company A (hereinafter “A”).

Between them, a sales contract was concluded with the following terms. The subject matter of sale has been recovered by the Plaintiff: Gaving machine-a-1iB, Gaving machine-a-1D 2, Gaving machine-a-0iC 4 Gaving machine-a-1iD 2.

(1) The object to be sold shall be referred to as “the leased object of this case”

(2) The Plaintiff purchased the instant leased object from A, and concluded a lease agreement on the instant leased object between A and A on the same day according to the said contract.

3) On March 28, 2013, the Plaintiff visited the head office of A, where the instant leased object was installed, examined the instant leased object, and paid KRW 303,560,486, which deducts the lease fee of KRW 7,439,514 from the said sale price. (B) On March 29, 2013, the Plaintiff sent to A a certification that the said lease agreement was terminated on July 10, 2015, when the Plaintiff delayed the payment of the lease fee under the said lease agreement.

2) The Plaintiff’s claim of delivery based on ownership of the instant leased object as the preserved right, against B, a director in the company of A and A, Seoul Central District Court Decision 2015Kahap80745, Seoul Central District Court’s provisional disposition prohibiting the transfer of possession and disposal of corporeal movables (hereinafter “instant provisional disposition”).

(3) On July 18, 2015, the above court filed a lawsuit against B, who is the representative director of A and A, seeking the payment of lease fees, etc. under the above lease agreement and the return of the lease articles, etc. of this case. On September 18, 2015, the above court ordered A and B to pay the lease fees and return the lease articles of this case.

C. Defendant and stock company.

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