손해배상(석재대금)
1. The Defendants jointly share 12 million won with the Plaintiff, and 5% per annum from January 15, 2014 to August 6, 2014.
1. Facts of recognition;
A. The Plaintiff is the actual operator of a limited liability company E (hereinafter “E”).
B. Defendant B is the actual operator of F Co., Ltd. (hereinafter “F”).
F around 201, around 201, F had the right to collect earth and rocks (hereinafter “the right to collect earth and rocks in this case”) on the five lots outside the west-gun, Namnam-gun, and operated the business of collecting earth and rocks.
C. As the initial period of permission to collect earth and rocks granted by H Co., Ltd. was terminated and not extended on July 31, 2013, F obtained permission to collect earth and rocks from the Southern-gun for the period from October 4, 2013 to November 31, 2013, along with the order to recover the earth and rocks in this case.
As such, the F’s management situation is not good, such as the extension of the permission period, etc., F’s creditors filed an application for compulsory execution against the clothes and tin 3,000 cubic meters of 3,00 cubic meters (hereinafter “the instant earth and stone”) accumulated on the J and K’s five out of the above G G and five parcels, around September 2013.
E. Accordingly, with F’s consent on October 2, 2013, E was awarded a contract for construction work, such as blasting, screening, and screening, from L, the representative of F’s creditors, to the completion of the instant gathering of earth and stone, with F’s consent.
In addition, the Plaintiff, the actual operator of E, purchased the instant earth and stone seized from F on October 2, 2013, which was the same seal, and paid 12 million won as the execution creditor, with F’s consent on October 4, 2013.
Accordingly, the procedure for filing an application for compulsory execution was withdrawn and completed around that time.
F. Meanwhile, at the site of the collection of earth and rocks in the instant case, approximately KRW 20,00 cubic meters of earth and rocks were separately located in addition to the instant earth and rocks owned by the Plaintiff. However, the earth and rocks were removed and restored in addition to those owned by the Plaintiff.