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1. The Plaintiff:
A. A manager B and B of the rehabilitation debtor corporation A, which is the taking-over of the lawsuit of the defendant corporation A, are annexed.
Reasons
1. Basic facts
A. On October 11, 2013, the Plaintiff, a company operating a specialized credit financial business, concluded a lease agreement with respect to the movables listed in the [Attachment List Nos. 1 to 5] and the movables listed in the [Attachment List No. 1] as indicated in the [Attachment List No. 1], and the movables listed in the [Attachment List No. 6 through 10] as indicated in the [Attachment List No. 1] and the movables listed in the [Attachment List No. 3, which would be paid monthly rent (hereinafter “each of the contracts of this case”), and the Defendant B jointly and severally guaranteed the respective contractual obligations of the Company A.
B. Pursuant to each of the instant contracts, A Co., Ltd. did not pay lease fees to the Plaintiff from May 2014 while being transferred and used movable property listed in the separate sheet Nos. 1, 2, and 3 from the Plaintiff. On August 7, 2014, the Plaintiff notified A of the termination of each of the instant contracts on the ground that lease fees were unpaid, and the notice of termination reached A around that time.
C. On November 25, 2014, A filed an application for rehabilitation with Suwon District Court 2014hap55, and the decision of commencement of rehabilitation proceedings was rendered on November 25, 2014, and A’s custodian B (hereinafter “Defendant A’s custodian B”) took over the proceedings.
On the other hand, the defendant Co., Ltd. has occupied the movable property in the attached list No. 3 from 780 to 780 of the Won-si, Ansan-si.
[Basis] Defendant A’s receiver B, B: The absence of dispute, each of the statements in Gap’s evidence 1, 2, Gap’s evidence 1 through 4, Gap’s evidence 3, and 4, and the whole purport of the pleadings, as a whole, defendant corporation: Confession (Article 208(3)2 of the Civil Procedure Act)
2. According to the above facts of recognition, the movable assets listed in the separate sheet Nos. 1, 2, and 3 are owned by the Plaintiff. Each of the instant contracts was lawfully terminated following the Plaintiff’s termination notification around August 7, 2014, which was prior to the decision to commence rehabilitation against A.