동산인도
1. The defendant shall deliver to the plaintiff the movable property listed in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Facts of recognition;
A. On March 14, 2014, the Plaintiff entered into a siren agreement to lend the movable property listed in the separate sheet (hereinafter “instant machinery”) (hereinafter “A”) to A (hereinafter “A”) for a siren period of 36 months, siren deposit of 195,60,00 won, monthly siren deposit of 16,284,400 won (hereinafter “instant contract”). Article 12(2)5 of the instant contract (hereinafter “instant termination clause”) provides that “if there is an application for bankruptcy, rehabilitation procedure, or there is a considerable reason to recognize that it is difficult to continue to conduct other business, a siren user may lose the benefit of time and terminate this contract without a peremptory notice to the siren user of the siren company.”
B. On May 29, 2015, when the instant machine was transferred and used pursuant to the instant contract, A applied for commencement of rehabilitation proceedings on May 29, 2015 as the Changwon District Court 2015 Gohap10027, and was ordered to commence rehabilitation proceedings on June 25, 2015, but it was decided to discontinue the proceedings on May 24, 2016.
On June 8, 2016, A applied for commencement of rehabilitation proceedings by Changwon District Court 2016 Ma10020, and it was decided on July 7, 2016.
C. On October 27, 2016, the Plaintiff submitted a preparatory document to the effect that “A terminates the instant contract on the ground that it filed an application for commencing rehabilitation procedures,” which was served on the Defendant on October 28, 2016.
[Ground of recognition] Facts without dispute, Gap 1, 2, 6 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings
2. According to the facts prior to the judgment on the cause of the claim, A applied for the commencement of rehabilitation procedure, and the cause set forth in the termination clause of this case occurred, and the Plaintiff terminated the contract of this case on this ground, and thus, he can seek the return of the instant machine owned by himself. Accordingly, the Defendant is obligated to return the instant machine to the Plaintiff.
3. Judgment on the defendant's assertion
A. Termination of the instant contract