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(영문) 창원지방법원 2015.05.13 2014가합6374

동산인도

Text

1. The defendant shall deliver to the plaintiff each movable property listed in the separate sheet.

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

3...

Reasons

1. Facts of recognition;

A. On March 11, 2013, the Plaintiff, a stock company operating a specialized credit financial business, acquired each of the movables listed in the separate sheet Nos. 1 with respect to the movables listed in the separate sheet Nos. 1, and entered into a lease contract (hereinafter referred to as “each of the instant movables”) with NAM upon acquiring each of the movables listed in the separate sheet Nos. 2, on April 10, 2014, on which each of the instant movables listed in the separate sheet No. 2 (hereinafter referred to as “each of the instant movables”). The terms and conditions of each of the instant contracts are as follows.

(B) Although the contract was entered into with respect to the acquisition cost, monthly lease fee, etc. of each movable set forth in Nos. 1 of the attached list, there was no change in the contents of the basic contract. The ownership of the leased object is against a financial company (referring to the plaintiff; hereinafter the same shall apply), and the customer (referring to NA; hereinafter the same shall apply) has only the right to use the leased object.

(Article 3(2). If a third party claims a right on a leased article, or is likely to infringe on the ownership of a financial company due to a preservative measure, compulsory execution, etc., the customer shall assert that the leased article is owned by the financial company and immediately notify the financial company of such fact.

(Article 9(1). If any of the events referred to in section 8(1) of the General Terms and Conditions for Credit Transactions occurs to a customer, a financial company may immediately terminate this contract and demand the return of the leased article without notice and demand notice.

(Article 20(1). When the settlement is completed, the disposal of leased objects shall be subject to the contract with the customer and the financial company.

However, if the customer selects the disposal of leased goods, such as return at maturity and purchase, the financial company shall notify the customer in advance 30 days before the contract is terminated.

(Article 22(1). (b)

A.M. This case from the Plaintiff.