(영문) 울산지방법원 2016.06.28 2015가단12139



1. The Defendant shall pay to the Plaintiff KRW 34,124,601 and the interest rate of KRW 15% per annum from June 2, 2015 to the day of complete payment.


1. Basic facts

A. The Plaintiff is running wholesale and retail business with the trade name “D” in Ulsan-gu, Ulsan-gu C.

The repair cost for the trade name and representative of the E Company F. F. from September 2013 to May 6, 2014, 2014, G Co., Ltd. from June 11, 2015 to January 11, 2015,830,00 H Co., Ltd. from September 10, 2013 to May 10, 2014, 10,101,500 IK L Co., Ltd. from September 2, 2013 to August 2, 2014, 2000 to September 30, 2015 to August 30, 2015 to 30,875,399 in total,030,899

B. Upon the Defendant’s request, the Plaintiff provided repair services, including the removal of construction machinery as follows.

C. On October 2, 2014, the Defendant completed on October 2, 2014, the registration of the establishment of a collateral security right holder, the obligor, the Defendant, and the maximum debt amount of KRW 65 million with respect to the land and above ground buildings owned by the Plaintiff.

The Plaintiff filed a lawsuit with the Ulsan District Court No. 2015Kadan5476 against M, seeking payment of construction machinery repair costs, etc. and damages for delay thereof. On July 15, 2015, the conciliation was concluded on July 15, 2015, that M shall pay to the Plaintiff KRW 20 million.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 6 (including attachment of provisional number), Eul evidence 1, the purport of the whole pleadings

2. Determination

A. All the companies that provided repair services, such as the removal of construction machinery, upon the request of the defendant, are enterprises that the plaintiff actually operated by the defendant.

The Defendant promised to pay KRW 65 million including interest at KRW 62,030,89,000 to the Plaintiff, and completed the right to collateral security on the real estate owned by the Defendant.

Therefore, the Defendant is obligated to pay the Plaintiff the remaining service cost after deducting the amount that the conciliation was concluded between the Plaintiff and M from the 65 million won.

B. The judgment of the court below is based on the following: F. G, H. H., J. L. and M. by establishing a collateral on the ground of maximum debt amount of 65 million won with respect to the land and above ground buildings in South-gu N and South-gu at the port of port owned by the plaintiff.