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(영문) 수원지방법원안양지원 2016.08.11 2015가단18594
유체동산인도 등
Text

1. The Plaintiff:

(a) Defendant A Co., Ltd. delivers each item listed in the separate sheet;

B. The Defendants are the defendants.

Reasons

On May 16, 2013, the Plaintiff leased the goods listed in the attached list to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) with the following contents:

The selection and purchase of leased articles: The defendant company shall select a seller on its responsibility and determine all the purchase conditions, such as the size, quantity, and price of the articles, and all the procedures, including the authorization and permission necessary for the purchase, import, customs clearance, establishment, and trial operation of the articles, shall take place on the responsibility of the defendant company: Ownership of the articles: The term of lease shall be the plaintiff; the defendant company shall have the right to possess and use the articles: The lease period shall have the right to possess and use only: 3,133,90 won (2,849,000 won at the time of exclusion of value-added tax) monthly rent: 24% per annum: 34,380,00 won; 105% of the principal amount shall be refunded to the plaintiff company at the time of termination of the lease contract; and the defendant company shall return the articles to the plaintiff company without delay.

As the Defendant Company delayed the payment of rent from January 2015, the Plaintiff notified the Defendant Company of the termination of the above contract on June 3, 2015, and the Plaintiff notified the repayment of the obligation due to the termination by June 12, 2015. At that time, the above notification reached the Defendant Company.

June 3, 2015, the unpaid rental fees, etc. are as follows:

Underpaid monthly rent: 14,656,725 won (additional charge): Loss of 586,980 won: 70,922,825 won [the principal amount of 67,545,548 won (the additional tax of 61,405,04 won) x 105%] / 105% of unpaid monthly rent / [the grounds for recognition] 14,656,725 won (the additional tax of 6,140,504 won) / The lease contract of this case was lawfully terminated and terminated.

The defendant company shall return each item listed in the separate sheet to the plaintiff, and the defendants shall be the defendants.

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