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(영문) 창원지방법원마산지원 2015.11.06 2015가단7414
동산인도
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. Comprehensively taking account of the overall purport of arguments in each statement in Gap evidence Nos. 1 through 4 (including provisional number), the defendant entered into a lease agreement with the plaintiff on December 27, 2013 with respect to movable property listed in the separate sheet (hereinafter "the instant machinery") for the lease term of 36 months, monthly lease fee of 9,293,500 (hereinafter "the instant lease agreement") and has been delivered and used until now. The defendant delayed the lease fee of 185,306,934 won until August 17, 2015. According to the instant lease agreement, if the defendant fails to pay the lease fee of 14 days, the plaintiff may terminate the contract if the defendant fails to pay the lease fee of 14 days or more, and the plaintiff notified the defendant of the termination of the lease agreement on July 27, 2015.

2. According to the above facts of determination, since the lease contract of this case was lawfully terminated, the defendant is obligated to return the machinery of this case to the plaintiff upon termination.

On August 7, 2015, the defendant alleged that the rehabilitation procedure against the defendant was commenced, and thus the plaintiff cannot respond to the plaintiff's request. However, the machinery of this case is only owned by the plaintiff, but is not owned by the defendant, and the commencement of the rehabilitation procedure 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). Thus, the above argument by the defendant

3. citing the Plaintiff’s claim for conclusion

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