(영문) 서울중앙지방법원 2020.09.11 2020가합528122

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(영문) 서울중앙지방법원 2020.09.11 2020가합528122

유체동산인도

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1. The Plaintiff:

A. The administrator C of the Defendant Rehabilitation Obligor Co., Ltd. is each movable set forth in the separate sheet.

Reasons

1. Basic facts

A. On February 12, 2019, the Plaintiff entered into a lease agreement with C, setting the lease term of 48 months with respect to movables listed in the [Attachment List No. 1], of the monthly rent of 1,2, and three months, respectively, as KRW 91,100, KRW 4,063,864, and KRW 9.8% per annum, respectively.

Defendant C used the movable property listed in the No. 1 of the attached list in accordance with the above lease agreement.

B. On May 16, 2019, the Plaintiff entered into a lease user change agreement with B Co., Ltd. (hereinafter “B”) and Defendant C, which changed the lessee from Defendant C to Defendant B.

Defendant C guaranteed the debt of Defendant C in relation to the above lease contract and the change contract for lessee.

B is being handed over and used in the attached list No. 1 according to the above change contract for lessee.

C. On September 20, 2019, the Plaintiff entered into a lease agreement with B, setting the lease term of 39 months with respect to movables listed in the [Attachment Table No. 2], the lease term of 1,2,33 won in monthly rent of 436,33 won in monthly rent, and the amount of 4 through 48 months in monthly rent of 2,177,084 won in annual damages, and 9.8% in annual damages for delay.

Defendant C jointly and severally guaranteed all the obligations of Defendant C in relation to the foregoing lease agreement.

B is being transferred and used in accordance with the above lease contract.

Article 10 (Ownership of Things) (1) A lessee is limited to the right to possess and use an article during the lease period and in any case does not transfer the ownership and other rights to the article to the lessee.

Article 20 (Termination of Contract) In cases where any of the following matters arises to a lessee, the Plaintiff shall notify him/her of the correction of the violation within a reasonable period specified by the Plaintiff, and if the lessee fails to correct the violation within such period, the lessee shall lose the benefit of time, and the Plaintiff may terminate the contract:

except that the correction is made in the nature of the matter.

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