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1. The defendant shall deliver to the plaintiff corporeal movables listed in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. Basic facts
A. The plaintiff is a juristic person engaged in new technology venture capital business, installment financing business, facility leasing business, etc., and the defendant between the plaintiff and the plaintiff
On December 16, 2015, the Changwon District Court 2015 Ma1008 decided to commence a simplified rehabilitation procedure as stated in paragraph (1).
[The Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”)]
Article 293-6 provides that a custodian shall not be appointed in a simplified rehabilitation procedure, and an obligor shall be deemed a custodian. A, a debtor, taken over the instant lawsuit in the position of a custodian. hereinafter “Defendant” without distinguishing before and after the taking-off of the lawsuit.
On July 29, 2014, the Plaintiff and the Defendant concluded a “facility lease agreement” (hereinafter referred to as “facility lease agreement”) under which the Plaintiff, a financial company, acquired ownership and used it to the Defendant for a certain period of time, and the Defendant would regularly receive lease fees from the Defendant, with the following content:
The lease cost: 80,000,000 won: The lease interest rate of 24,00,000 won (the amount equivalent to 30% of the acquisition cost) for the lease deposit for 36 months from the date the certificate of receipt of the leased property is issued: 5% per annum: the overdue interest rate of 25% per annum: the lease interest rate of 15% per annum: the first-36 installments 1,79,000 won : Upon the completion of the settlement: the transfer after offsetting the deposit of the unpaid principal.
C. The Defendant received the instant movable from the Plaintiff and possessed it until now at the time of concluding the said facility leasing contract.
Article 3(2) of the Facility Lease Clause contained in the instant Facility Lease Agreement provides that “The ownership of the leased object shall be a financial company, and the customer shall have the right to use the leased object only,” and Article 20(2) provides that the financial company shall perform its obligations if the customer has delayed monthly rent at least twice consecutively.