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(영문) 창원지방법원 통영지원 2017.01.12 2016가합11178

제3자이의

Text

1. The plaintiff's lawsuit against the defendant and the independent party intervenor's lawsuit against the defendant shall be dismissed, respectively.

2...

Reasons

1. Basic facts

A. Between April 30, 2013 and October 31, 2013, the Plaintiff concluded each lease agreement (hereinafter “each of the instant lease agreements”) with Nonparty F, and with Nonparty F, 38M AERIL LIFT (Complaint) for a fixed period of 36 months during which the Plaintiff agreed to lease facilities for 36 months, and that the Plaintiff would be paid monthly rent from F (hereinafter “each of the instant lease agreements”).

The term "A" in this Agreement for the definition of "A" and "B": The term "B" means a financing method under which A newly acquires or lends the leased article selected by B for the period specified in this Agreement, and during that period, A shall be paid rent on a regular basis in accordance with the terms and conditions set forth in this Agreement, and the disposal of the article after the end of that period, as a financing method under which A shall follow the terms and conditions set forth in this Agreement.

Article 10. ① Ownership of a thing is limited to the right to possess and use the thing under this contract during the lease period, and in no case the ownership and other rights to the thing are transferred to B.

(2) B shall cooperate so that A may attach a mark indicating that goods are owned by A in accordance with the Specialized Credit Financial Business Act as soon as they have been delivered any goods, and this mark shall not be arbitrarily damaged, removed, modified the contents or location of the attachment until all obligations under this contract are repaid in full.

(3) Even if Party A bears part of the funds to acquire an article, the ownership of the article shall belong exclusively to Party A.

(4) Where a third party claims a right to an article or there is a risk of infringing the ownership of the article A by means of a preservative measure or compulsory execution, etc., Eul shall claim and prove at its expense that the article is owned by the party A, and notify the party A of such fact immediately.