(영문) 서울중앙지방법원 2021.03.23 2020가단5173353

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(영문) 서울중앙지방법원 2021.03.23 2020가단5173353

유체동산인도

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1. The defendant shall deliver the goods listed in the attached list to the plaintiff. 2. The costs of lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff (formerly: D Co., Ltd.) is a company that runs all the business related to credit specialization, sirensing business, etc. as stipulated in the Credit Specialized Financial Business Act. The Plaintiff Company B (hereinafter “B”) is a company that runs gold-type manufacturing business, etc., and was decided to commence rehabilitation procedures at the 137th meeting of 2020, which was held on June 10, 2020, and the said court did not appoint a manager separately, and deemed that it was a representative director of B at that time.

B. On March 29, 2018, the Plaintiff entered into a lease agreement (hereinafter “the instant lease agreement”) with respect to the object indicated in the separate sheet (hereinafter “the instant leased object”) with the cost of KRW 180,000,000, and the lease period of KRW 36 months, and accordingly, handed over the instant lease object to B.

Article 10 Ownership of Goods

1.B is limited to the right to possess and use an article under this contract during the lease period, and in no case the ownership and other rights to an article shall be assigned to B.

In the event that any of the following provisions of Article 20 termination of the contract occurs to B, the Plaintiff shall notify him/her of the correction of the violation within a reasonable period specified by the Plaintiff, and if B does not correct the violation within the said period, B shall lose the benefit of time, and the Plaintiff may terminate the contract.

Provided, That this contract may be terminated without a peremptory notice, if it is impossible to correct due to the nature of the matter.

11. Upon receipt of an application for bankruptcy, commencement of composition, or commencement of corporate reorganization proceedings, the Plaintiff may take one or more of the following measures, regardless of whether the contract has been terminated or not, in accordance with each provision of this Agreement, at the time of the occurrence of the cause for termination of the contract under Article 21:

2. Claim and disposition of the goods concerned; and

C. Of the instant lease agreement, the ownership and termination of the instant lease agreement.

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