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 August 30, 2017, the Plaintiff entered into a contract for facility leasing (hereinafter “instant contract”) with the Defendant and the Defendant on the movables indicated in the separate sheet that the Defendant purchased from D (hereinafter “instant movables”).
Acquisition price (won) 258,841,000 monthly payment at the time of termination of the lease period or the lease, after offsetting on August 30, 2017 5,839,000
B. Article 2 of the instant contract provides that the Plaintiff has ownership of the whole leased property.
In addition, Article 20(1) of the Facility Lease Clause applicable to the instant contract and Article 8(1) of the General Terms and Conditions for Credit Transactions provide that where a debtor files an application for commencement of rehabilitation procedures, the debtor shall immediately lose the interest of the deadline and repay the debt. In the event of the foregoing, the plaintiff may immediately terminate the instant contract and claim the return of the leased article.
C. On August 2, 2019, the Defendant filed an application for commencing rehabilitation procedures with the Changwon District Court and received a decision on September 10, 2019 from the said court to commence rehabilitation procedures.
On August 28, 2019, the Plaintiff notified the Defendant of the termination of the contract upon the loss of the due interest.
E. The defendant currently occupies the movable property of this case.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 8, Eul's 1, the purport of the whole pleadings and arguments
2. The commencement of rehabilitation procedures for the market shall not affect the right to divert any assets that do not belong to the debtor from such debtor.
(A) Article 70 of the Debtor Rehabilitation and Bankruptcy Act provides that the Plaintiff, the owner of the instant movable, can exercise the right of repurchase without being affected by the commencement of rehabilitation procedures against the Defendant. Thus, the Defendant is obligated to deliver the instant movable to the Plaintiff.
3. citing the Plaintiff’s claim.