동산인도 청구의 소
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The pertinent Plaintiff of the parties is a legal entity with the objective of running siren business, facility leasing business, and all incidental business related thereto. B Co., Ltd. (hereinafter “B”) is a lessee who entered into a lease agreement with the Plaintiff as follows. The Defendant is a manager of B appointed pursuant to Article 74(3) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) as the Changwon District Court rendered a decision to commence rehabilitation proceedings on December 22, 2017 with respect to B as the decision to commence rehabilitation proceedings on December 2, 2017.
B. Lease (Contract No. D: 205 points): Lease on September 29, 2014 between B and B (Contract No. : D): 347,737,800 won: Lease deposit for 36 months: 139,095,120 won (40% of acquisition cost): 6,770,000 won after the settlement of the remaining principal and the deposit amount: 30,000 won: 20,000 won on October 20, 2015: 30,000 won (Contract No. 152): 28,000 won, 30,000 won, 30,000 won, 40,000 won, 20,000 won, 36,06,000,000 won, and 36,06,06,000 won, respectively, after the settlement of the principal and the deposit.
Since June 16, 2017, the Plaintiff is against B.