물품인도 청구 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The Plaintiff is a company established for the purpose of wholesale and retail business of automobile parts and business related thereto, and Defendant B (hereinafter “Defendant B”) is a company established for the purpose of manufacturing and selling industrial machinery, selling and selling used industrial machinery, etc., and Defendant C served as an inside director of Defendant B and resigned on December 19, 2016.
On September 7, 2009, the Plaintiff leased from D Co., Ltd. (hereinafter “D”) approximately KRW 121.4 square meters (attached Form 2, 7, 800,000,000 and KRW 40,000,000,000,000,000 won for lease deposit, and two years for the manufacture of automobile parts (hereinafter “the movable property of this case”) from D-based E-ground factories (hereinafter “instant factories”) owned by D without a rent agreement. The Plaintiff established movable property listed in attached Table 1 (hereinafter “the movable property of this case”).
On the other hand, D’s bankruptcy proceedings (Tgu District Court 2015Hahap114) were conducted, and the sale procedure for realization of machines, apparatus, and corporeal movables (hereinafter “the instant machines, apparatus, etc.”) located within the instant factory where the debtor D’s assets were not set up. Pursuant to the permission of the court from October 19, 2016 for the Defendant’s request for purchase, the Defendant entered into a sales contract with the debtor D’s bankruptcy administrator to purchase the instant machines, apparatus, etc. at KRW 41.9 million, and collected the instant machines, apparatus, etc. at the instant factory.
[Ground] The Plaintiff, as the representative of Defendant B, voluntarily removed the instant movable property owned by the Plaintiff during the process of purchasing the instant machinery, apparatus, etc., and thus, the Defendants are liable for joint tort against the Plaintiff. The Defendants are liable for joint tort against the Plaintiff.
Therefore, the Defendants are therefore.