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(영문) 대구지방법원서부지원 2017.12.22 2017가합354
동산인도
Text

1. The defendant shall deliver to the plaintiff movable property listed in the annexed sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of leasing mechanical equipment, appliances, other facilities, and related articles.

On February 8, 2013, the Plaintiff and the Daelimin Co., Ltd. (hereinafter “Crosslimin”) entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff on the following terms: (a) the Plaintiff lent to the Daelimin for 52 months the movable property indicated in the attached Table owned by the Plaintiff (hereinafter “instant movable property”); and (b) the Daelimin would pay a certain amount of rent each month during that period.

B. According to Article 20(2) of the instant lease agreement, the Plaintiff may terminate the instant lease agreement if the payment of rent was delayed twice consecutively (the Plaintiff shall be notified of the fact that the Plaintiff was delayed performance of obligations and that the benefit resulting therefrom would be lost by no later than three business days prior to the date of loss of the benefit due to the deadline, and otherwise, the Plaintiff may terminate the instant lease agreement if the Plaintiff loses the benefit due to the lapse of three business days from the date of actual receipt of the notification in the absence of such notification).

C. From December 15, 2016, Dae Jae Jae-in delayed payment of lease fees. On February 8, 2017, 2017, on two occasions prior to the arrears of lease fees, the Plaintiff notified the Dae Jae-in to terminate the contract that his overdue interest would be lost due to the overdue payment of lease fees.

Then, on April 17, 2017, the Plaintiff notified the termination of the instant lease contract on April 17, 2017, on the ground that the amount of arrears of the border personal data as of April 17, 2017 came to KRW 174,763,363, and the notification reached the border personal data on April 18, 2017.

On April 4, 2017, Dae Jae Jae-in filed an application for commencement of simplified rehabilitation procedures with Daegu District Court 2017 Ma1004 on April 12, 2017 and made a decision on the application for commencement of simplified rehabilitation procedures from the above court on April 12, 2017 to all rehabilitation creditors and rehabilitation secured creditors based on a rehabilitation claim or rehabilitation security right.

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