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(영문) 창원지방법원진주지원 2015.06.24 2014가합10864

유체동산인도

Text

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

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

Reasons

1. Basic facts

A. On November 28, 2013, the Plaintiff and Defendant A entered into a contract for facility leasing (hereinafter “instant contract”) with respect to each of the instant movable property (each of the instant movable property and manufacturing number G310-01, G3130-01, G3133 CNC group; hereinafter the same) with the Plaintiff, with the approval of the Financial Supervisory Commission, including the agreement rate of 335,228,00 won, the agreed rate of 6.3%, the agreed period of 48 months, the overdue interest rate of 24%, the repayment of principal and interest equal repayment method, and each of the terms stipulated in the repayment method (hereinafter “instant contract”). The instant contract included two or more installments of the facility leasing charges within three months from the delivery of each of the instant movable property, etc., the Plaintiff lost the benefit of the due date, and may immediately claim repayment of the unpaid principal or terminate the contract without the consent of the Plaintiff.

B. Although Defendant A received delivery of each of the instant movables from the Plaintiff pursuant to the instant contract, he/she did not pay more than two minutes of facility rental fees within three months thereafter. On May 16, 2014, the Plaintiff sent a content-certified mail to Defendant A to the effect that the instant contract will be terminated, and the content-certified mail reached Defendant A around that time.

C. On April 4, 2014, the Plaintiff filed an application with the competent court for provisional injunction against possession, transfer, and disposal of corporeal movables as to each of the instant movables, etc. with Defendant A as the debtor, and on April 4, 2014, the said court rendered a decision that “the debtor shall not transfer possession of each of the instant movables, etc. to another person or change the name of possession” (hereinafter “instant provisional injunction order”). Upon the Plaintiff’s delegation of the enforcement officer C commenced the execution in accordance with the instant provisional injunction order on April 15, 2014, and completed the enforcement of each of the instant movables.

On the other hand, the defendant A is subject to the provisional disposition of this case.