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1.The judgment of the first instance shall be modified as follows:
Of the instant lawsuits, from August 1, 2013 to October 17, 2013.
Reasons
1. Facts of recognition;
A. On November 21, 2012, A Co., Ltd. purchased movable property listed in the separate sheet (hereinafter “instant machinery”) from D in the purchase price of KRW 43,00,00,00. On the 30th of the same month, Co., Ltd. entered into a lease agreement on the instant machinery at KRW 1 year of lease term, KRW 50,000 per month of rent (hereinafter “instant lease agreement”). Article 3 of the said lease agreement provides that “A Co., Ltd may claim the return of the leased property by cancelling the instant lease agreement when C neglects to pay rent for at least two months, and C shall lose the benefit of time and immediately return the leased property.”
B. After that, on December 10, 2013, A, upon receiving a decision on commencing rehabilitation procedures as Seoul Central District Court 2013 Mahap234, Company A deemed a custodian of Company A as a rehabilitation debtor, and Company C, upon receiving a decision on commencing rehabilitation procedures as the Suwon District Court 2013 Ma90 (hereinafter “instant decision on commencing rehabilitation procedures”), deemed Company C as a custodian of Company C for the rehabilitation debtor.
C. The Plaintiff occupied and used the instant machinery without paying monthly rent under the instant lease agreement. On February 17, 2014, the Plaintiff sent to the Defendant a content-certified mail containing an expression of intent to terminate the instant lease agreement on the grounds of two or more years of delinquency in rent, and the said content-certified mail reached the Defendant around that time.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3, 4-1, 2-2, the purport of the whole pleadings
2. Judgment on the parties’ assertion
A. According to the above facts finding as to the claim for delivery of the instant machinery, the instant lease agreement was based on the delay in rent for more than two years.