자동차인도
1. The defendant shall deliver the vehicle listed in the attached list to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. The following facts may be acknowledged in light of the purport of the entire pleadings as to the statements in Gap evidence Nos. 1 through 5, and there is no counter-proof.
As a corporation operating a facility leasing business, the Plaintiff owned from October 31, 201 a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”), and entered into a contract to lease the instant motor vehicle to the Defendant from December 1, 2014 (hereinafter “instant lease contract”).
B. Article 20(1) of the Agreement prepared at the time of the instant lease agreement (Evidence A2) provides that “If any of the grounds specified in Article 8(1) of the Agreement on Basic Credit Transactions occurs to the Defendant, the Plaintiff may terminate this Agreement without a demand notice and peremptory notice and claim the return of the motor vehicle.” Article 8(1)3 of the Agreement on Basic Credit Transactions of the Plaintiff Company provides that “When there is an application for the commencement of bankruptcy, rehabilitation, or individual rehabilitation procedure, or an application for the entry in a defaulters’s list is filed”.
C. Around December 23, 2015, the Defendant filed an application for commencing individual rehabilitation procedures, and the Plaintiff notified the Defendant of the termination of the instant lease agreement on March 2, 2016, and at that time, the notification was sent to the Defendant.
2. According to the above facts, the lease contract of this case was lawfully terminated due to the Plaintiff’s notice of termination based on Article 20(1) of the lease contract of this case on the ground that the Defendant applied for commencing individual rehabilitation procedures, barring any special circumstance.
Therefore, the defendant is obligated to deliver the automobile of this case owned by the plaintiff to the plaintiff.
However, the commencement of rehabilitation procedures does not affect the right to retrieve assets that do not belong to the debtor from the debtor (Article 70 of the Debtor Rehabilitation and Bankruptcy Act). Thus, the plaintiff's claim of this case seeking delivery of automobiles of this case is justified.