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(영문) 창원지방법원밀양지원 2017.07.19 2017가단10871
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. Facts of recognition;

A. On June 30, 2014, the Plaintiff entered into a lease agreement with the Defendant on the corporeal movables listed in the separate sheet (hereinafter “instant objects”) as follows (hereinafter “instant contract”).

O Lease: CNC Line (F50D): O lease interest rate of KRW 101,00,000 for 47 months: 5% per annum: 2,057,041 O delayed damage rate of KRW 2,057,00 per annum: 24% per annum. ② Ownership of leased goods is for financial companies, and customers are only for the right to use.

Article 20 (Termination of Contracts) (3) Where any of the following grounds arises, the financial company may cancel this contract:

2. If the customer delays monthly rent on at least two consecutive occasions, the financial company may terminate the contract after notifying the customer of the fact of delay in the performance of the obligation and the termination of this Agreement three business days prior to the date of termination of the contract and claim the return of the goods. If the customer fails to notify the customer three business days prior to the date of termination of the contract, the date three business days after the date of actual delivery of the notice shall be the

B. By March 19, 2017, the Defendant delayed the monthly rent on two consecutive occasions under the instant contract, and on March 20, 2017, the Plaintiff sent to the Defendant a content-certified mail containing a declaration of intent to terminate the instant contract, and the content-certified mail was served to the Defendant around that time.

C. On June 7, 2017, the Defendant filed an application for rehabilitation with the Changwon District Court 2017 Ma10020, but did not receive the decision on commencing rehabilitation procedures until the closing of the argument in this case.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3 (including branch numbers), the purport of the whole pleadings

2. According to the facts of recognition prior to the determination on the cause of the claim, the instant contract is lawful at the end of March 2017, which the Plaintiff’s notice of termination reaches the Defendant.

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