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(영문) 대구지방법원 2016.11.24 2016가합203418

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

1. Basic facts

A. The Plaintiff leased the instant movable property indicated in the separate sheet (hereinafter “instant movable property”) owned by the Plaintiff between Samsung C&T Co., Ltd. (hereinafter “TT”), and entered into a lease agreement between Samsung C&T to collect rent monthly from the Plaintiff (hereinafter “instant lease agreement”). The key contents of the instant lease agreement are as follows.

The repayment of principal and interest equal 24% of the presses machine 9,301,530 won and interest equal 24% of the presses machine 9,301,530 won and interest equal 24% of the presses machine 3,781,893 won and interest equal 35% of the attached Table 4 through (8) on March 16, 2016 / [Terms and Conditions] Article 1 ① Company purchases from its seller the leased items as indicated in the attached Table 1(1) on February 29, 2016.

2. The ownership of an article shall belong to the Company, and the Customer shall not have any right to the property or interest in any article except the right to use the article in accordance with the provisions of this Agreement.

Article 22(1) If any of the following events occurs to a customer, the Company may cancel or terminate this contract without notice or peremptory notice to the customer:

3. Where an application has been made for bankruptcy, commencement of composition, or commencement of reorganization proceedings of a company, or an application for registration in a list of defaulters;

B. Samsung C&T has received delivery of the instant movable property from the Plaintiff according to the instant lease agreement and has been occupied and used until now.

C. Samsung C&T applied for the commencement of rehabilitation on March 29, 2016 as Daegu District Court 2016 Gohap110. D.

On April 12, 2016, the Plaintiff sent a notice to Samsung C&T stating that “The Plaintiff shall urge the performance of its obligations under the Agreement, but fails to comply therewith, thereby notifying the final termination of the contract under the termination clause in the Agreement.”