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(영문) 서울중앙지방법원 2020.05.20 2019가단5094645

유체동산인도

Text

1. The defendant shall deliver each of the goods listed in the attached list to the plaintiff.

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

3...

Reasons

1. Facts of recognition;

A. On March 20, 2017, the Plaintiff entered into a lease agreement with B (hereinafter “B”) with respect to each of the items listed in the order (hereinafter “the instant lease”) with the acquisition cost of KRW 57 million, the lease period of KRW 36 months, the monthly lease cost of KRW 1,396,840, and accordingly, delivered the instant lease object to B.

Article 10 Ownership of Goods

1. The defendant has only the right to use the goods under this contract during the lease period, and in any case does not transfer the ownership and other rights to the goods to the defendant.

Where any of the following provisions of Article 20 has occurred to the defendant, the plaintiff shall notify him/her of the correction of the violation within a reasonable period specified by the plaintiff, and if the defendant does not correct the violation within such period, the defendant shall lose the benefit of time, and the plaintiff may terminate the contract.

Provided, That this contract may be terminated without a peremptory notice, if it is impossible to correct due to the nature of the matter.

11.In the event of an application for bankruptcy, commencement of composition or commencement of company reorganization procedures, the plaintiff may take one or more of the following measures, regardless of whether or not the contract has been terminated, if the grounds for termination of the contract have occurred pursuant to the respective provisions of this Agreement at the time of the occurrence of the grounds for termination of the contract

2. Claim and disposition of the goods concerned; and

B. The provisions regarding the ownership of the instant leased object and the termination of the instant lease agreement are as follows.

C. B filed an application for commencement of rehabilitation proceedings with the Changwon District Court on April 2, 2019.

On April 16, 2019, the Plaintiff notified “B of the instant lease agreement in accordance with Article 20(11) of the Lease Agreement, as the content certificate was presented to B, that “B did not pay rent and applied for rehabilitation procedures,” and that the instant lawsuit against B on April 25, 2019.