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(영문) 서울중앙지방법원 2019.10.29 2018가단35491

동산인도

Text

1. The defendant shall deliver to the plaintiff each movable property listed in the separate sheet.

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

3...

Reasons

1. Basic facts

A. On April 18, 2016, the Plaintiff entered into a lease agreement with B (hereinafter referred to as “B”) with respect to the following leased items with the acquisition cost of KRW 203,00,000, the lease period of KRW 48 months (including KRW 60,900,000, the applicable lease interest rate of KRW 5.15%, the lease interest rate of KRW 1 to 3 times, each of KRW 871,300, 4-48, each of KRW 3,740,700, the overdue interest rate of KRW 25% per annum (i.e., adjustment at the overdue interest rate of the financial institution) as follows (hereinafter referred to as “first lease agreement”).

DF companies G 010518 H companies G 200-10089 J companies K 062014 L companies M 072165 N02000

B. On March 23, 2017, between B and B, the Plaintiff concluded the following lease agreement (hereinafter “second lease agreement”) with the Defendant, setting the acquisition cost of the leased goods at KRW 57,00,00, KRW 36 months of the lease period, KRW 17,100,00, annual interest rate of the applied lease rate of KRW 5.2%, annual interest rate of KRW 1,273,60, annual interest rate of KRW 1,36, annual interest rate of KRW 1,273,60, annual interest rate of KRW 25% of the lease rate of KRW 1,36, annual interest rate of the Defendant’s factory.

Co., Ltd., a contract number supplier and a model model scling OGE company Qbling P company on 32.01.09 TP028199 T P024743

C. On March 26, 2018, between B and B, the Plaintiff entered into an exchange lease agreement (U) with the acquisition cost of KRW 133,00,000, the lease period of KRW 51 months, the deposit interest rate of KRW 0, the applicable lease interest rate of KRW 665,00, the lease rate of KRW 665,00, each of KRW 1-3 times, each of KRW 4-51, each of KRW 3,123,508, the overdue interest rate of KRW 24% per annum (i.e., the overdue interest rate of the financial institution).

B On April 23, 2018, the Daegu District Court filed an application for rehabilitation with the Daegu District Court 2018 Gohap118, and the said court decided to commence rehabilitation proceedings on June 21, 2018.

E. The terms and conditions attached to each of the instant lease agreements are stipulated under Article 8 of the General Terms and Conditions of Credit Transactions to the customer.