logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원경주지원 2019.06.26 2018가단15386
유체동산인도
Text

1. The defendant shall deliver to the plaintiff corporeal movables listed in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. On August 31, 2017, the Plaintiff entered into a financial lease agreement with a specialized credit financial business company running a facility leasing business (hereinafter “instant contract”) with a debtor C (hereinafter “C”), whereby the acquisition cost is KRW 148,660,00, and the lease term is KRW 36 months, and monthly lease fee is KRW 3,703,907 (hereinafter “instant contract”).

C consented to the terms and conditions as follows with respect to the instant contract.

Article 22 (Cancellation or Termination of Contracts) (1) The Company may cancel or terminate this Agreement without any notice or peremptory notice to the customer, if any of the following events occurs to the customer:

3. Where an application has been made for bankruptcy, commencement of composition, or commencement of reorganization proceedings of a company, or an application for registration in a list of defaulters;

B. On October 12, 2018, C filed an application for commencing rehabilitation procedures with the Daegu District Court as 2018 Gohap136, and on October 18, 2018, the Plaintiff notified C of the termination of the instant contract pursuant to Article 22(1)3 of the said Terms and Conditions.

C. On November 12, 2018, C received a decision on commencing rehabilitation procedures as Daegu District Court 2018 Gohap136, and the said court appointed the Defendant as a custodian on the same day.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. According to the above facts finding as to the cause of claim, the instant contract was terminated by the Plaintiff’s notice of termination on October 18, 2018, and thus, insofar as the Plaintiff, who is the owner of the instant movable property, lawfully terminates the instant contract and exercises the right of repurchase before a decision is rendered to commence rehabilitation proceedings with respect to C, the Defendant, regardless of whether to commence rehabilitation proceedings with respect to C, is obligated to deliver the instant movable property to the Plaintiff.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

arrow