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(영문) 인천지방법원 2015.05.12 2015가합1204

동산인도

Text

1. The Defendants shall deliver to the Plaintiff movable property listed in the separate sheet.

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

3...

Reasons

1. Basic facts

A. On May 17, 2012, the Plaintiff, a company operating a facility leasing business, etc., jointly with the Korean Capital and the Korean Development Finance, concluded a lease agreement with the Plaintiff on the following terms: (a) (i) the sum of the goods price of KRW 4,841,110,00 in the attached list (hereinafter “instant movable property”); (ii) Schlages, Dagro-rating machines, and route nicotine, etc., the lease period of which is 36 months; (iii) the lease amount of KRW 132,00,000; (iv) the lease amount of KRW 15% (726,000,000) of the acquisition cost; (v) the lease amount of KRW 15% of the acquisition cost; and (v) the lease amount of KRW 19% of the overdue interest rate at the time of the conclusion of the lease agreement (hereinafter “the instant lease agreement”); and (iii) the lease agreement with the Plaintiff.

(Article 10). B. of the lease contract of this case

On January 7, 2015, Switzerland had filed an application for commencing rehabilitation procedures with the Seoul Central District Court on January 7, 2015, and had been decided on February 6, 2015. On the same day, A and B were appointed as joint managers.

C. On January 8, 2015, the Plaintiff sent a notice of early termination of the lease contract to the Sethyl T&P (hereinafter “instant notice of termination”) stating that “the Plaintiff shall pay early termination money that occurred until the early termination of the lease contract as of January 6, 2015 according to the instant lease contract” (hereinafter “instant notice of termination”), and the said notice reached the Sethyl T&P Messium around January 14, 2015.

Article 20 of the Lease Contract of this case provides for the termination of the contract as follows:

In the event that any of the following provisions occurs to B (NP) upon termination of the contract under Article 20, A (Plaintiff) shall set a reasonable period and notify the correction of the violation, and B shall be subject to such violation within that period.