동산인도 청구의 소
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. The plaintiff is a company established on September 14, 2009 for the purpose of facility leasing business, and the defendant is a company engaged in manufacturing machinery parts manufacturing in Incheon.
On July 6, 2018, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the machines listed in the separate sheet (hereinafter “instant machines”) as follows: (a) KRW 76,900,000; (b) the lease period of KRW 29 months; (c) the lease fee of KRW 2,907,548; (d) the lease rate of KRW 7.5% per annum; and (e) the lease rate of KRW 10.5% per annum.
The main contents of the lease agreement terms and conditions of the instant lease agreement are as follows.
Section 1. "Lease" means a financing method whereby Party A (the plaintiff; hereinafter the same shall apply) newly acquires or borrow leased articles selected by Party B (the defendant; hereinafter the same shall apply) to use them for the period prescribed in this Agreement, and over that period, Party A shall be regularly paid the leasing fees in installments as provided in this Agreement, and the disposal of articles after the end of that period shall be subject to the provisions of this Agreement, and shall be subject to the leasing of facilities under the Specialized Credit Financial Business Act.
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.
Article 20 (Cancellation of Time or Loss of Benefit) (2) In any of the following cases with respect to B, B shall be obligated to pay the due interest of the relevant debt, as a matter of course, by lose the benefit of the time limit for the relevant debt.
In such cases, A shall notify B of the fact of delay in the performance of the following obligations and the fact that the benefit of time is lost by not later than three business days prior to the date of loss of benefit within the deadline, and where A fails to notify three business days prior to the date of loss of benefit within the deadline, the date of receipt of the actual notice.