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(영문) 서울중앙지방법원 2015.09.23 2014가단221737
동산인도
Text

1. The Defendants shall deliver to the Plaintiff movable property listed in the separate sheet.

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

3...

Reasons

1. On March 23, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant Company A (hereinafter “Defendant Company”) on three machinery (hereinafter “each of the instant machinery”) including movable property listed in the separate sheet.

From May 18, 2012 to April 18, 2015, the lease fee is KRW 70,164,432 every 36 times every month, with total of KRW 1,949,012, and Article 20 of the lease contract provides that for reasons of termination of the contract, the third party is allowed to use the goods or to install the goods at the business place owned by the third party without the prior consent of the plaintiff (Paragraph 3), or if other obligations of the contract are not met at the due date (Paragraph 5).

on June 23, 2014, the Plaintiff planned to take legal measures on the grounds that the Defendant Company failed to pay the lease fees twice, and sent it as a content certificate seeking demand.

On March 4, 2015, the Plaintiff expressed his intent to terminate the contract on the ground that the Defendant Company occupied and used each of the instant machines to Defendant B, a third party without the Plaintiff’s consent, and that it did not comply with the contract normalization such as the settlement of rent after June 23, 2014.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap 2-4 (including virtual number), and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff entered into the instant lease agreement with the Defendant Company and delivered it. The Defendant Company arbitrarily delivered each of the instant machines to the Defendant B while 24 minutes in arrears out of total of 36 minutes in arrears. As such, the Defendant Company terminated the instant lease agreement, and the Defendant Company shall return each of the instant machines to the Plaintiff as its owner on the ground of illegal possession, in accordance with the instant lease agreement.

(b) Determination as to the defendant company: Confession (main sentence of Article 150 (1) of the Civil Procedure Act)

C. Defendant B’s judgment as to Defendant B is himself.

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