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(영문) 수원지방법원안양지원 2016.12.15 2016가단107873
유체동산인도
Text

1. The defendant shall deliver the machines listed in the attached list to the plaintiff.

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

3...

Reasons

In full view of the purport of each statement in Gap evidence Nos. 1 through 4, the plaintiff entered into a contract for facility leasing (hereinafter referred to as the "facility leasing contract of this case") with the defendant on March 31, 2015, with respect to the machinery listed in the separate sheet (hereinafter referred to as "the machinery of this case") with the defendant as to KRW 148,50,000 won, the period of 48 months, monthly rent 2,859,631 won, monthly repayment of principal and interest per month of repayment method, overdue interest rate of 24% per annum, and the ownership of the machinery of this case under the facility leasing contract of this case belongs to the plaintiff and the defendant does not have any property right to the above machinery except for the right to use the above machinery as stipulated in the above facility leasing contract of this case, and the plaintiff can be deemed to have the obligation to terminate the facility leasing contract of this case on January 14, 2016.

As to this, the Defendant: (a) the Defendant has the substantial ownership of the instant machinery to the Defendant, and the Plaintiff merely is a mortgagee, and therefore, (b) the Defendant has lent the said machinery to B to use it, and (c) the liquidation procedure is prohibited; (b) the Plaintiff’s claim is legally prohibited; and (c) the procedure, such as reporting the lease debt to B, a joint guarantor of the instant facility leasing contract, as a rehabilitation obligation, was initiated; (d) the Plaintiff renounced the ownership of the instant machinery in the process and was entitled to receive reimbursement according to the rehabilitation procedure; and (c) the part that the ownership of the instant machinery belongs to the Plaintiff in the terms and conditions of the instant facility leasing agreement.

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