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(영문) 서울중앙지방법원 2017.09.28 2017가단5071433
기타(금전)
Text

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 February 19, 2016, before a decision to commence rehabilitation procedures was rendered, the Plaintiff and A entered into a lease agreement (lease period: 48 months, and lease fees: KRW 1,869,735 per month) with respect to movable property listed in the separate sheet (hereinafter “instant movable property”).

B. The terms of the foregoing lease agreement on the ownership of a thing and the termination of a contract are as follows.

Article 10 Ownership of Goods

1.B (referred to as "A"; hereinafter the same shall apply) is limited to the right to possess and use an article under this Agreement during the lease period, and in no case does the ownership and other rights to an article be assigned to B.

Where a contract under Article 20 is terminated and a contract under any of the following subparagraphs occurs to Eul (this refers to the plaintiff; hereinafter the same shall apply), Gap (this refers to the plaintiff; hereinafter the same shall apply) shall set a reasonable period and notify him/her of the correction of the violation and if Eul fails to correct such violation within the specified period, Eul shall lose the benefit of time and the contract may be terminated by Gap.

Provided, That this contract may be terminated without a peremptory notice, if it is impossible to correct due to the nature of the matter.

11. Where an application is filed for the bankruptcy, the commencement of composition, or the commencement of reorganization proceedings of a company; 14. Where there is a considerable reason to believe that the performance of obligations under this contract is impossible because the provisions of this contract are not violated or performed, the management of which is considerably worse, or it is difficult to maintain normal business activities.

C. On March 14, 2017, A filed an application for rehabilitation with the Daegu District Court No. 2017dan105.

Accordingly, on March 30, 2017, the Plaintiff notified A that the foregoing lease agreement would lose the benefit of time pursuant to Article 20(11) and terminate the contract as of March 30, 2017.

On April 14, 2017, the above court rendered a decision to commence rehabilitation proceedings against A (see, e.g., springing A as a debtor).

[Grounds for recognition] The number of evidence Nos. 3-5 and 7 is a number.

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