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(영문) 서울중앙지방법원 2015.08.11 2015가합4202

동산인도

Text

1. The defendant shall deliver to the plaintiff each movable property stated in the attached Form.

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

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that mainly engages in facility leasing business that rents facilities, equipment, machinery, apparatus, heavy machinery, vehicles, vessels, aircraft, etc. (hereinafter “self-learning”) and its purpose is the printing business, manufacturing business, etc.

B. The Plaintiff acquired each movable property indicated in the separate sheet (hereinafter “the instant lease”) and leased facilities to self-leapting with the Plaintiff. However, the Plaintiff entered into a lease agreement with the following terms (hereinafter “each of the instant lease agreements”) with the intent to receive monthly rent from self-leapting (hereinafter “the instant lease agreement”).

(1) Date of a contract: The acquisition price of each movable property listed in the separate sheet No. 1 through No. 3: 500,000,000, lease price and overdue interest rate for the 48-month lease period: 7,681,700 per month: 25% per annum: Lease on October 29, 2013: The lease price and overdue interest rate for the 48-month lease period listed in the separate sheet No. 4: 23,000,000 per month: 5,90,000 per annum; 25% per annum; 5,25% per annum; the acquisition price of the movable property listed in the separate sheet No. 5: 1,200,000,000,000 won per annum; 230,304,304, and 405% per annum;

C. On January 5, 2015, while a leaping applied for rehabilitation by this Court 2015 hap10003, while using the leased article in delivery. On January 22, 2015, the above court appointed the Defendant as a manager of self-leaping, when it decided to commence rehabilitation procedures.

Article 20(1) of the Terms and Conditions of the Lease Agreement of this case provides, “If any of the grounds prescribed in Article 8(1) of the Terms and Conditions of Credit Transactions occurs to a customer, a financial company may immediately terminate this contract and claim the return of the leased article without demanding notice and peremptory notice.” Article 8(1) of the Terms and Conditions of Credit Transactions (Duty of Repayment before maturity).