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(영문) 서울중앙지방법원 2015.07.15 2015가합4219
동산인도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff acquired each movable property listed in the separate sheet with A (hereinafter “the instant lease”) and leased facilities (a lease) to A, but concluded a lease agreement with the Defendant to pay monthly rent (hereinafter “each of the instant lease agreements”) as follows.

1) Date of a contract: The lease agreement amounting to KRW 200,000: From June 28, 2012 to June 28, 2012: The lease agreement amounting to KRW 36 months: the lease agreement amounting to KRW 6,453,500 per month, KRW 6,500 per month, and KRW 20,000: The lease agreement amounting to KRW 420,00,000 as stated in the separate list Nos. 3 through 8: The lease period from November 22, 2012 to KRW 36 months: the lease agreement amount and payment method: KRW 13,27,90 per month, KRW 13,47,90 per month, and KRW 27,90 thereafter.

B. Article 20(1) of the instant lease agreement provides that “If any of the grounds specified in Article 8(1) of the Framework Agreement on Credit Transactions occurs to a customer (A), the Plaintiff may immediately terminate the relevant contract without a demand notice and peremptory notice, and demand the return of the goods.” Article 8(1) of the Plaintiff’s Basic Agreement on Credit Transactions provides that “if any of the following grounds arises with respect to the obligor, even if there is no demand notice, etc. from the company, the obligor shall be obligated to pay the amount immediately because he/she has lost the benefit of all obligations to the company immediately, even if there is no demand notice, etc. from the company,” and Article 20(3) provides that “if bankruptcy, rehabilitation, or commencement of individual rehabilitation procedures is requested, or a request for the entry in

C. On December 22, 2014, A filed an application for commencing rehabilitation procedures with the Seoul Central District Court 2014dan201, and on January 7, 2015, A received a decision to commence rehabilitation procedures with respect to a debtor (A) and deemed a debtor as a custodian without appointing a custodian for the debtor.

On December 18, 2014, the Plaintiff is against A.

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