(영문) 서울중앙지방법원 2019.09.18 2018가합591486

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(영문) 서울중앙지방법원 2019.09.18 2018가합591486

유체동산인도

Text

1. The defendant shall receive KRW 126,00,000 from the plaintiff, and at the same time, shall be the movable property indicated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. On February 27, 2018, the Plaintiff, a lease company, entered into a lease agreement with the Defendant (the Plaintiff was a stock company B at the time, but was appointed by the Defendant according to the decision on commencing the rehabilitation procedure on November 28, 2018; hereinafter referred to as “Defendant,” regardless of whether it was before or after the decision on commencing the rehabilitation procedure, to purchase movables listed in the separate sheet (hereinafter referred to as “the lease agreement in this case”) and use them as “the acquisition cost: 420,000,000 won, and the lease period: 36 months, monthly lease cost: 9,383,867 won,” with the Defendant (hereinafter referred to as “the lease agreement in this case”).

Article 10 Ownership of Goods

1. The defendant has only the right to use the goods under this contract during the lease period, and in any case does not transfer the ownership and other rights to the goods to the defendant.

Where any of the following provisions of Article 20 has occurred to the defendant, the plaintiff shall notify him/her of the correction of the violation within a reasonable period specified by the plaintiff, and if the defendant does not correct the violation within such period, the defendant shall lose the benefit of time, and the plaintiff may terminate the contract.

Provided, That this contract may be terminated without a peremptory notice, if it is impossible to correct due to the nature of the matter.

11. If the defendant fails to perform his/her obligations under this contract, or if there is an application for bankruptcy, commencement of composition or company reorganization proceedings, 14. Other important provisions of this contract are not violated or performed, or management is considerably deteriorated, or the defendant is deemed unable to perform his/her obligations under this contract because it has difficulties in maintaining normal business activities, the plaintiff may take one or more of the following measures, regardless of whether the contract has been terminated, in the event of the occurrence of the cause for termination of the contract under Article 21, and the cause for termination

2. Claim for the return of the goods; and

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