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(영문) 서울중앙지방법원 2018.05.24 2017가단5185820

유체동산인도

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

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

Reasons

1. Following the facts of recognition are without dispute between the Plaintiff and the Defendants.

The Plaintiff entered into a lease agreement with A Co., Ltd. (hereinafter referred to as “A”) on the machinery purchased by the Plaintiff from Han Tech Co., Ltd. through three times, as described in the following table. B, the representative director of A, under the above lease agreement, has jointly and severally guaranteed the obligation of A to the Plaintiff under the above lease agreement, and A used the leased article transferred by the Plaintiff in accordance with the above lease agreement.

On June 27, 2014, 15% per annum 4.85% per annum 17,738,838% per annum 17.2% per annum on August 17, 2015, 2015, the acquisition cost of the leased object was 4.95% per annum 36 months per annum 25% per annum 25% per annum 36% per annum of CNC 757,700,000,036 won per annum 25% per annum 25% per annum 36% per annum of CNC 10,000,000,000 per annum 36 months per annum. < Amended by Presidential Decree No. 26355, Apr. 8, 2016; Presidential Decree No. 17567, Jul. 27, 2005; Presidential Decree No. 20657, Apr. 26, 2000>

B. The above lease agreements provide for the following:

1) A has only the right to use the goods under this contract during the lease period, and in any case the ownership and other rights to the goods are not transferred to A (Article 10 subparagraph 1) (2). A may terminate the contract when an application for the commencement of a bankruptcy, a commencement of a company reorganization procedure or a commencement of a company reorganization procedure is filed by the Plaintiff.

(3) In the event that the grounds for termination of a contract arise under Article 20 subparag. 11(3), the Plaintiff may take measures, such as claiming the return of the goods, regardless of whether the contract is terminated (Article 21 subparag. 2). (c) A delayed payment of the rent while using and taking profits from the leased goods; and the Plaintiff issued a notification to the Defendant A and the Defendant B on September 20, 2017. D. A filed an application for rehabilitation with the Changwon District Court Decision 2017Kahap1040, Sept. 15, 2017; A filed an application for rehabilitation on October 19, 2017; and the Defendant B was the custodian (hereinafter referred to as the “Defendant custodian”).