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1. The defendant shall deliver to the plaintiff movable property listed in attached Form 2 attached hereto.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. Basic facts
A. On June 22, 2012, the Plaintiff entered into a lease agreement with Daehan Co., Ltd. (hereinafter “Before bankruptcy”) on the condition that “36 months (from June 26, 2012 to June 26, 2015) of the lease term, acquisition cost is KRW 78 million, monthly lease fee of KRW 1,947,686,” etc., the Plaintiff entered into a lease agreement on movable property listed in the attached Table 2 (hereinafter “the instant lease agreement”) with the company before bankruptcy, and the main contents relating to the instant lease agreement are as listed in the attached Table 1.
B. On May 21, 2013, the company prior to bankruptcy filed an application for commencement of rehabilitation proceedings on May 25, 2013 when the payment of rent was in arrears due to the aggravation of management conditions after entering into the instant lease agreement. However, the rehabilitation procedure commenced on June 25, 2013, but it was impossible to repay the debt pursuant to the authorized rehabilitation plan, and on September 26, 2017, the rehabilitation procedure was abolished (Seoul District Court 2013 Congress 26), and thereafter, the company prior to bankruptcy filed an application for bankruptcy on October 10, 2017, and the bankruptcy of the company prior to bankruptcy is in progress.
(T) Daegu District Court 2017Hau13).
On the other hand, the defendant occupies the movable property of this case until now.
[Ground of recognition] Facts without dispute, Gap 1 through 7 evidence, Eul 1 and 2 evidence (including paper numbers), the purport of the whole pleadings
2. As seen earlier, at the time of the lease agreement, the Plaintiff and the company prior to the bankruptcy agreed that the company prior to the bankruptcy shall only have the right to possess and use the movable property of this case during the lease term and cannot hold ownership and other rights in any case. The lease agreement of this case shall commence without any separate agreement between the parties to the contract on the re-lease, where the cause of nonperformance, such as default on the lease fees of the company prior to the bankruptcy, continues to exist.