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(영문) 대구지방법원 김천지원 2018.09.18 2018가단32025
유체동산인도
Text

1. The defendant shall deliver to the plaintiff the movable property listed in the attached list.

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

3...

Reasons

1. Basic facts

A. On May 12, 2017, the Plaintiff and Samju Shipping Co., Ltd. (hereinafter “Triju”) concluded a lease agreement with the lease term of 36 months, deposit amount of 24,00,000 won, and monthly lease amount of 3,081,864 won (hereinafter “instant contract”) with respect to the movables listed in the separate sheet (hereinafter “the instant movable”). On the same day, Samjutech acquired the instant movable property.

According to Article 22 (1) 3 of the Terms and Conditions, which are part of the contract of this case, when a customer files an application for the commencement of bankruptcy, the commencement of composition or the commencement of company reorganization procedures, the Plaintiff may terminate the contract of this case without

B. On January 16, 2018, Samju had filed an application for commencing rehabilitation procedures with the Daegu District Court 2018 Gohap101, and the Plaintiff notified Samju, around January 30, 2018, of the termination of the instant contract.

C. On March 8, 2018, rehabilitation procedures commenced for Samju Island and the Defendant was appointed as a custodian.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including the serial number), the purport of the whole pleadings

2. The commencement of rehabilitation procedures does not affect the right to divert any property that does not belong to the debtor from the debtor (Article 70 of the Debtor Rehabilitation and Bankruptcy Act). Since the contract of this case was already terminated before the commencement of rehabilitation procedures for Samjutech, Samjutech loses the right to use or profit from the movable property of this case, the plaintiff, the owner of the movable property of this case, who is the owner of the movable property of this case, may exercise the right to repurchase without being affected by the commencement of rehabilitation procedures for Samjutech.

Therefore, the Defendant is obligated to deliver to the Plaintiff, who holds the right of repurchase on the instant movable by performing the duty of restitution following the termination of the instant contract.

3. Conclusion, the plaintiff's claim of this case is accepted as reasonable.

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