(영문) 서울중앙지방법원 2015.08.18 2014가합44074

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(영문) 서울중앙지방법원 2015.08.18 2014가합44074

동산인도

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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. Facts of recognition;

A. On June 5, 2013, the Plaintiff, a stock company operating a specialized credit financial business, purchased the instant movable property from MMM Co., Ltd. (hereinafter “MM”) and its attached list (hereinafter “instant movable property”), and entered into a lease contract with MM Korea to lease facilities (financial lease). The terms and conditions of the instant contract are as follows: (a) the Plaintiff purchased the instant movable property from MM Co., Ltd. (hereinafter “SM”); and (b) the Plaintiff would be paid monthly rent from MM Korea (hereinafter “instant contract”).

Article 3 (Responsibilities of Customers) (2) Ownership of leased property shall be vested in financial companies (referring to the plaintiff; hereinafter the same shall apply), and customers (referring to MM Korea; hereinafter the same shall apply) shall have the right to benefit only from use.

Article 9 (Transfer of Ownership and Right) (1) If a third party claims a right on leased articles, or is likely to infringe on the ownership of a financial company due to preservative measures, compulsory execution, etc., the customer shall claim that the leased articles are owned by the financial company and immediately notify the financial company of such fact.

Article 20 (Cancellation of Contracts by Financial Companies) (1) Where any of the grounds prescribed in Article 8 (1) of the Framework Terms and Conditions for Credit Transactions occurs to a customer, a financial company may immediately terminate this contract and claim the return of leased articles without demanding notice and peremptory notice.

(2) Where the customer delays monthly rent on at least two consecutive occasions, the financial company may request the customer to terminate the contract after notifying the customer of the fact of delay of performance of the obligation and the termination of the contract at least three business days prior to the date of termination of the contract, and where the customer fails to notify the customer three business days prior to the date of termination of the contract, the date three business days after the date of actual delivery of the notice shall be

Article 22 (Termination of Lease Contract) (1)

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