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1. The defendant shall deliver to the plaintiff the movable property listed in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. Facts of recognition;
A. On April 4, 2016, the Plaintiff and the Debtor Rehabilitation Industry (hereinafter “Daehan”) concluded a facility lease agreement with the following content (hereinafter “instant lease agreement”).
⑴ 리스물건 : 프레스 2대(주식회사 국일정공 제조 2007년식 400t 1대, KOMATSU 제조 2004년식 80t 1대. 이하 ‘이 사건 리스물건’이라 한다) ⑵ 공급자 : ‘B’(C) ⑶ 설치장소 : 전라북도 완주군 봉동읍 완주산단2로 257-24 ⑷ 취득원가 : 160,000,000원 ⑸ 리스기간 : 48개월 ⑹ 월 리스료 및 리스보증금 : 2,774,800원, 48,000,000원(취득원가의 30%) ⑺ 적용리스이자율 및 연체이자율 : 연 4.95% 및 연 25%(단, 금융기관의 연체이율 변동시 조정 가능)
B. Article 3(2) of the terms and conditions of the instant lease agreement provides that the ownership of the leased property shall be owned by the financial company and the customer shall only have the right to use the leased property. Article 20(1) provides that if any of the grounds stipulated in Article 8(1) of the Framework Terms and Conditions for Credit Transactions occurs to a customer, the financial company may immediately terminate the relevant contract and demand the return of the leased property without demand notice and demand notice. Meanwhile, Article 8(1)3 of the Terms and Conditions for Credit Transactions provides that the case where an application is filed for bankruptcy, rehabilitation, or commencement of the procedure for individual rehabilitation is subject to loss of benefit.
C. On November 15, 2016, DNA industry filed an application for simplified rehabilitation with a court (the Jeonju District Court 2016 Mahap112). The Plaintiff is affiliated with Daehan industry on November 18, 2016.
The termination of the lease contract of this case and the occurrence of the obligation to return the leased article of this case on the ground that the grounds for the loss of the benefit of time, such as the foregoing, occurred, were notified, and the notification reached Daehan on November 21, 2016.
After that, on December 28, 2016, the defendant, who is the representative director of D&D industry, is the decision to commence rehabilitation procedures and the representative director of D&D industry.