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(영문) 수원지방법원 2016.11.03 2015가단60630
동산인도
Text

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

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

3...

Reasons

1. Determination as to the cause of claim

A. The following facts can be acknowledged in light of the overall purport of the arguments in each of the statements in Gap evidence Nos. 1 to 6 and Eul evidence Nos. 1 to 4.

1) On September 1, 2014, the Plaintiff is the Defendant Postal T&A Co., Ltd. (hereinafter “Defendant Postal T&A”).

2) As between the Plaintiff and the Plaintiff, the terms and conditions of the instant lease agreement are as follows:

- Leases: Machines listed in the separate sheet (hereinafter referred to as “instant machines”)

- Place: 53,950,00 won - Lease Period: 36 months - Lease Interest Rate: 10,790,000 won (20% of the acquisition price): 6.7% per annum: Lease Fee: 6.7% per annum; 1-36,386,987 - Disposal after the completion of set-off against the unpaid principal at the time of completion - The overdue interest rate: 25% per annum (Provided, That the overdue interest rate per annum: 25% per annum; 2), the ownership of the instant machine belongs to the Plaintiff under the lease contract of this case; Defendant Postal T&A does not have any property rights or interests other than the right to use the instant machine; and Defendant Postal & T&A does not lose the interest of the instant machine to a third party, provide collateral or profit-making; and when Defendant Postal & T&A has transferred the instant machine to a third party, provided collateral or profit-making.

In such a case, Defendant Postal T&A suspended the use of the instant machine and immediately delivered the instant machine to the Plaintiff.

3) However, on September 23, 2014, immediately after Defendant Postal T&A’s lease of the instant machinery, Defendant Postal T&A Co., Ltd. (hereinafter referred to as “Defendant fluoring”).

) A lot Capital Co., Ltd. (hereinafter referred to as “slot Capital”) is a lot Capital.

the lease company, and the defendant is present.

Emerting shall be conducted by the lessee, and the amount of lease shall be KRW 44,00,000, and the lease period shall be the lease period.

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