(영문) 서울중앙지방법원 2018.06.21 2017가단5217819

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(영문) 서울중앙지방법원 2018.06.21 2017가단5217819

유체동산인도

Text

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

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a financial company that runs a facility leasing business under the Specialized Credit Financial Business Act, and entered into two lease agreements (hereinafter “instant lease agreement”) between the Defendant and the Defendant who runs a motor vehicle parts manufacturing business under the trade name of “B,” and the Defendant uses and benefits from movable property as specified in the attached Table, which is the following lease:

On October 6, 2014, the lease rate of KRW 125,00,00 per annum of 6.2% per annum of the lease interest rate of KRW 3,180,430 per annum of 25% per annum of the lease interest rate of KRW 36 months during the lease period of KRW 125,00,000: KRW 3,180,430 per annum of the lease amount of KRW 25% per annum of the lease amount of KRW 25% per annum of the lease amount of KRW 114,40,00 per annum of the lease amount of KRW 36 months during the lease period of KRW 36.5% per annum of the lease interest rate of KRW 3,217,58.

B. The Plaintiff and the Defendant agreed at the time of the instant lease agreement as follows.

Article 10 (Ownership of Things) The defendant is limited to the right to possess and use the article under this contract during the lease period, and in any case the ownership and other rights to the article shall not be transferred to the defendant.

Article 20 (Termination of Contract) Where any of the following provisions occurs to the defendant, the plaintiff shall notify him/her of the correction of the violation within a reasonable period of time, and when the defendant does not correct the violation within such period, the defendant shall lose the benefit of time, and the plaintiff may terminate the contract:

However, this contract may be terminated without a peremptory notice, if it is impossible to correct in light of the nature of the matter.

5. In the event that an application for the commencement of bankruptcy, the commencement of composition or the commencement of company reorganization procedures is filed, the plaintiff is whether the contract has been terminated or not, in the event of the occurrence of the cause for termination of the contract under Article 21 (Measures at the time of occurrence of the cause for termination of the contract).

참조조문

-여신전문금융업법

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