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(영문) 창원지방법원 2015.03.11 2014가단7646
제3자이의
Text

1. No. 2610, the Defendant’s notary public against B prepared on October 15, 2012 by Changwon Law Firm, No. 2610.

Reasons

1. Facts of recognition;

A. On October 15, 2012, the Defendant, as between B and the Defendant on October 15, 2012, drafted a notarial deed of money loan agreement for transfer security (No later than October 15, 2012, “B shall borrow 93,00,000 won from the Defendant until November 15, 2012, interest rate shall be 39% per annum, and transfer ownership of three machinery (including movable property in the separate sheet (hereinafter “instant machinery”) including movable property in the separate sheet (hereinafter “instant machinery”) to the Defendant by means of an amendment of possession and possession for the purpose of securing the performance of the obligation.”

B. Meanwhile, on January 31, 2013, the Plaintiff, the purpose of which is facility leasing business, entered into a facility leasing agreement (hereinafter “instant facility leasing agreement”) with “D Company E” with respect to the instant machinery selected by E, as follows:

The cost of acquisition: 240,000,000 won supplier: the place of “F Company”: the location of the G: the lease deposit for 36 months from the date of issuance of the certificate of receipt of the lease: 96,00,000 won; the monthly rent for 4,744,752 won (Definitions)

1. "Facilities leasing" means leasing of facilities under the Credit Specialized Finance Act, which provides for the disposal of goods after the expiration of the period of use, by acquiring the leased goods directly selected by the customer from the manufacturer or supplier of the leased goods for use by the financial company for a certain period of time and is paid periodically by the financial company.

Article 3 (Responsibilities of Customers) (2) Ownership of leased articles shall be made to financial companies, and customers shall have the right to benefit only from use.

Article 5 (Lease Period) (1) If a customer issues a certificate of receipt of a leased article, the financial company is deemed to have delivered the article.

Article 7 (Acceptance and Registration of Things) (1) A customer shall immediately inspect whether or not any defect exists in an article is delivered by the supplier.

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