beta
(영문) 수원지방법원 2017.02.14 2016가합649

유체동산인도

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 May 28, 2013, the Plaintiff entered into a lease agreement with a medical corporation A (hereinafter “A”) that runs a specialized credit financial business, with the content of KRW 49,136,00,00 for an brain-frequency inspector, KRW 36 months for lease: Lease deposit: KRW 49,913,600 for 36 months; and KRW 14,62,000 for 36 times for lease; delivery of the leased object to A; and on July 29, 2013, the lease agreement was entered into with A to deliver the leased object at KRW 17,00 for 17,00 and KRW 302,850,00, KRW 36 months: Lease deposit: KRW 30,285,00 for lease; KRW 308,00 for lease; KRW 386,00 for each of the lease agreements.

(hereinafter collectively, each of the above lease agreements is collectively referred to as the “instant lease agreement.” Each of the movables listed in the separate sheet (hereinafter collectively referred to as the “instant movables”) is a lease that the Plaintiff delivered to A according to the instant lease agreement.

B. On February 5, 2016, while taking over and using the instant movable from the Plaintiff, A applied for commencement of rehabilitation proceedings as Seoul Central District Court 2016 Gohap10025, and was ordered to commence rehabilitation proceedings on March 3, 2016.

C. On the other hand, on February 18, 2016, the Plaintiff notified A of the termination of the instant lease agreement on the ground that an application for commencement of rehabilitation proceedings was filed pursuant to Article 20(1) of the Lease Terms and Conditions and Article 8(1)3 of the Credit Transaction Basic Terms and Conditions, and around that time, the said notification reached A.

Article 20(1) of the terms and conditions of the instant lease agreement (hereinafter “instant termination clause”) provides that “If any of the grounds specified in Article 8(1) of the Framework Terms and Conditions on Credit Transactions occurs to a customer, a financial company may immediately terminate this contract and claim the return of leased articles without demanding notice and demand notice.” Article 8(1) of the Framework Terms and Conditions on Credit Transactions provides that “A debtor shall be subject to any of the following grounds: