beta
(영문) 대구지방법원경주지원 2019.05.14 2018가단14031

유체동산인도

Text

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...

Reasons

Facts of recognition

On March 29, 2016, the Plaintiff, as a specialized credit financial business company specializing in personal credit loans, facility leasing business (lease), and installment financing business, entered into a financial lease agreement with E Co., Ltd. (hereinafter “E”), under which the acquisition cost is KRW 50 million, the lease period is 36 months, the monthly lease fee is 1,259,212, and the ownership is to be transferred after the expiration of the lease period (hereinafter “instant agreement”).

E consented to the terms of the instant contract as follows:

Article 20 (Cancellation of Contracts by Financial Companies) (2) of the Facility Lease Terms and Conditions (Cancellation of Contracts by Financial Companies) (2) Where a customer delays monthly rent more than two consecutive times, the financial company may delay the performance of obligations and terminate the contract after notifying the customer not later than three business days prior to the date of termination of the contract, and request the customer to return the goods, and where the customer does not notify the customer by not later than three business days prior to the date of termination of the contract, the date three business days after the

Article 8 (Duty to Pay Obligations prior to Due Date) of the General Terms and Conditions for Credit Transactions with Credit Financial Companies (2) If an obligor falls under any of the following cases, the obligor is naturally liable to pay the due date and to pay the due date.

In such cases, the financial company shall notify in writing the debtor and the joint guarantor of the fact that he/she delayed the performance of the following obligations and the benefit resulting therefrom is lost (if the debtor is a household, the fact that the late payment charge may be imposed on the whole balance of the loan may be imposed) not later than three business days (seven business days) prior to the date on which he/she loses the benefit of the deadline, and if the debtor fails to notify by not later than three business days (if the debtor is a household, the seven business days)