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(영문) 창원지방법원 2015.04.15 2014가합840
동산인도
Text

1. The defendant shall deliver to the plaintiff each movable property listed in the separate sheet.

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

3...

Reasons

1. Facts of recognition;

A. On January 28, 2013, the Plaintiff, a corporation operating a specialized credit financial business, entered into a lease contract with A Co., Ltd. (hereinafter referred to as A) and the lease articles: The doping price: 855,000,000 won (excluding value-added tax), and the lease period: 36 months from the date of issuance of the receipt of the articles: lease deposit: 36 months from the date of issuance of the certificate, lease deposit: overdue interest rate: 25% per annum; lease fee: 15,71,00 won every 36 times; and each movable was handed over to A; at the time of the lease agreement, the ownership of the leased articles was reserved to the Plaintiff.

(hereinafter referred to as the above lease contract of this case, the contract of this case and the contract of this case entered into at the time are each movable of this case as stated in the separate list. (b)

A, while taking over and using each of the instant movables from the Plaintiff, on February 5, 2014, filed an application for commencing rehabilitation procedures with the court as 2014 Gohap7, and was decided to commence rehabilitation procedures on February 28, 2014, and the representative director B was appointed as a custodian on the same day.

C. On February 5, 2014, the Plaintiff, pursuant to Article 20(1) of the instant Loan Agreement and Article 8(1) of the Credit Transaction Basic Terms and Conditions, notified A of the termination of the instant lease agreement, and at that time, notified A of the termination of the contract. Article 20(1) of the instant contract (hereinafter “instant termination clause”) provides that if any of the grounds stipulated in Article 8(1) of the Credit Transaction Basic Terms and Conditions occurs to a customer, a financial company may immediately terminate the instant contract without notice and peremptory notice and demand the return of leased articles. Article 8(1) of the Credit Transaction Basic Terms and Conditions provides that if any of the following grounds arises with respect to the debtor, the financial company may immediately terminate the relevant contract and demand the return of leased articles without demand notice and demand notice, even if there is no demand notice from the company:

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