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(영문) 전주지방법원군산지원 2014.12.11 2014가합1319
물건인도
Text

1. The defendant shall deliver to the plaintiff the articles listed in the annexed article list.

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

3...

Reasons

1. Recognized lease company (A): The lease period of the instant object (acquisition cost of KRW 286,00,00): From November 23, 2014 to 48 months: The lease deposit amount of KRW 85,800,00 (amount equivalent to 30% of the acquisition cost, the amount of unpaid principal and interest accrued after the lease period expires): One time-5,045,656, two times to 48-5,196, and after the expiration of the lease period: The transfer period of KRW 20 (Termination of a contract) where any of the following items occurs to a person who fails to comply with the contract within a reasonable period specified and notified him/her of the relevant violation: The lease fee of KRW 85,80,00 (off with the unpaid principal and interest accrued).

5.In the event of failure to perform any obligation under this contract or any other contract entered into with B, or breach of the provisions governing any important prohibited act under the contract, section 25(Return of Goods) 1. If the lease contract is terminated or this contract is terminated and thus A claims for the return of the goods, Section A shall without delay return at his own expense the goods to any place designated by A within the same administrative district as the location of the business office of A who entered into this contract

On November 23, 2011, the Plaintiff and the Defendant entered into a lease agreement (hereinafter referred to as “instant contract”) with respect to the goods listed in the separate sheet (hereinafter referred to as “instant goods”), and the main contents are as follows:

B. From April 2014, the Defendant delayed the payment of rent under the instant contract, and the Plaintiff terminated the instant contract in accordance with the instant contract.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. According to the above facts of recognition, the defendant had the duty to deliver the goods of this case to the plaintiff as the contract of this case was terminated.

The plaintiff's claim shall be accepted with due reason.

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