1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C Co., Ltd. (hereinafter “C”), as follows, with respect to the construction machinery (hereinafter “instant machinery”) listed in the separate sheet, and delivered the instant construction machinery to C.

E G F H I

B. According to each of the instant lease agreements, the Plaintiff may terminate the contract without any notification or peremptory notice to the customer upon receipt of an application for the commencement of bankruptcy, commencement of composition, or commencement of the company’s reorganization proceedings (Article 22 of the Facility Lease Terms and Conditions), and C filed an application for rehabilitation on May 17, 2019, and the decision on commencement of rehabilitation proceedings was rendered on June 12, 2019 with the Suwon District Court 2019hap136, Jun. 12, 2019, and the Plaintiff sent a content-certified mail to C on June 12, 2019.

On June 13, 2019, the content-certified mail was served to C.

C. The defendant is a representative director of C who is considered as a custodian by the decision on commencing the above rehabilitation procedure.

On the other hand, on July 9, 2019, the Plaintiff reported the amount of KRW 171,625,817 of the unpaid principal under each of the instant lease agreements and KRW 231,342 of the interest accrued prior to the commencement date of rehabilitation, and delay damages by 24% of the annual interest accrued prior to the commencement date of rehabilitation as rehabilitation security rights.

[Ground of recognition] Facts without dispute, Gap 1-6 evidence, Eul 1-4 evidence (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s summary of the Plaintiff’s assertion is reserved to the Plaintiff until the total amount of the price of the goods is paid. The Plaintiff terminated each lease contract of this case upon C’s application for rehabilitation, thereby exercising the right to repurchase the instant machinery. As such, the Defendant is obliged to deliver the instant machinery to the Plaintiff.

B. Determination 1 movable property is a sale and delivery of movable property until the payment is made in full.