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1. The Defendants shall deliver to the Plaintiff each movable property listed in the separate sheet.
2. The costs of lawsuit are assessed against the Defendants.
Reasons
1. Facts of recognition;
A. On April 17, 2017, the Plaintiff Company A (hereinafter “A”) and the Plaintiff entered into a lease agreement that purchased each movable property listed in the separate sheet and make it available to A as “the acquisition cost: KRW 364,650,00, monthly lease cost: KRW 48 months and monthly lease cost: KRW 6,330,019” (hereinafter “lease agreement”). Defendant B, the representative director of A, had jointly and severally guaranteed the Plaintiff’s obligation under the instant lease agreement.
B. The instant lease agreement is stipulated as follows.
1) A is limited to the right to use the goods under this Agreement during the lease period, and in any case the ownership and other rights to the goods are not transferred to A (Article 10 subparagraph 1) (2). A may terminate the contract when an application for the commencement of a bankruptcy, a commencement of a company reorganization procedure or a commencement of a company reorganization procedure is filed by a person who fails to perform his/her obligations under this Agreement
(3) If the grounds for termination of a contract arise, the Plaintiff may take measures, such as the claim for the return of, and disposal of, the goods regardless of the termination of the contract (Article 21 subparag. 2). (c) Pursuant to the instant lease agreement, A used the leased goods in exchange for delivery from the Plaintiff around June 30, 2017. D. A began to pay the lease fee from August 2018, when he/she used and used the leased goods in return for the use of and benefit from, the leased goods in question, and began to pay the lease fee in arrears from August 23, 2018. A filed a rehabilitation application on August 23, 2018 (former District Court Decision 2018Rehap14, Sept. 20, 2018), and Defendant B, the representative director of A, was the custodian (hereinafter “Defendant trustee”).
(E) A. Accordingly, around September 12, 2018, the Plaintiff notified A of the termination of the instant lease agreement on the ground of loss of benefit due to delay in lease fees and application for rehabilitation. [Grounds for recognition] There is no dispute, and evidence A Nos. 1 through 8 (Additional Number).