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(영문) 의정부지방법원고양지원 2015.04.01 2015가단1942

리스대금 등

Text

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

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

3...

Reasons

1. Facts of recognition;

A. On April 15, 2014, the Plaintiff concluded a facility lease agreement (hereinafter “lease agreement”) with Defendant B (hereinafter “A”) on the movable property indicated in the separate sheet (hereinafter “instant movable property”) under Defendant B’s joint and several sureties’s joint and several sureties, and around that time, delivered the instant movable property to A.

A lessee: Lease deposit for 48 months: 16,00,000 won per month: A shall attach a mark indicating that the goods are owned by the plaintiff in accordance with the Specialized Credit Financial Business Act as soon as the goods are delivered to him/her, or shall cooperate in attaching it to the plaintiff, and this mark shall not be removed at will until the obligations under this Agreement are fully repaid.

A may possess and use an article under this Agreement during the lease period, but in no case the ownership and other rights of the article are not transferred to A.

Even if A bears all or part of the purchase price of goods or of the import incidental cost at the request of A, A may not assert the ownership of the goods for this reason, and in any other case, the ownership of the goods shall be fully reverted to the Plaintiff.

If a third party claims a right to an article, or there is a risk of infringing the Plaintiff’s ownership by preservative measures, compulsory execution, etc., A shall at his/her own expense assert and prove that the article is owned by the Plaintiff, prevent such infringement, and immediately notify the Plaintiff

(Article 14). Where the lease term expires or this contract is terminated or terminated, A shall promptly return the goods to a place designated by the Plaintiff within the administrative district in which the Plaintiff’s head office or branch office is located, unless otherwise agreed.

(Article 21(1). When A files an application for rehabilitation or commencement of individual rehabilitation procedures, the Plaintiff shall have no effect on A.