beta
(영문) 춘천지방법원강릉지원 2014.09.18 2013가합860

사용료

Text

1. Defendant B Co., Ltd.: (a) from October 21, 2010 to the date of completion of delivery of movable property indicated in the separate sheet from October 21, 200 to the Plaintiff.

Reasons

1. Basic facts

A. On March 21, 2005, the Plaintiff acquired each of the movables listed in the separate sheet owned by the Plaintiff (hereinafter “the instant movables”) from the Global Weather, instead of paying KRW 1197 million out of the Plaintiff’s claim amounting to KRW 1.197 million against the Global Poom. However, the Plaintiff agreed to allow the Plaintiff to take over the instant movables once the said movables fully repay the said debts to the Plaintiff, and acquired the instant movables by transfer.

B. On April 6, 2005, the Plaintiff leased the instant movable property from D (hereinafter “D”) to April 5, 2010 and occupied and used the instant movable property from April 6, 2005 to October 4, 2006. On October 5, 2006, the Plaintiff leased the instant movable property to Defendant B with the condition that the instant movable is repaired at the Defendant’s expense when the instant movable is broken down.

C. At the time of October 21, 2010, F entered into a contract to take over Defendant B on the same day on the condition that, in lieu of the amount of unpaid rents and public charges imposed on Defendant B’s representative director G and the purchase-price, Defendant B acquired the same amount of KRW 27,596,611, and F transferred Defendant B to Defendant C on April 201.

The movable property of this case is owned by Defendant B, and Defendant C is the actual owner of Defendant B.

[Ground of recognition] A without dispute, Gap evidence 1 (a defendant's defense that this document was forged, but the authenticity of the whole document is recognized by witness G's testimony), Gap evidence 2 through 6, Gap evidence 9, Eul evidence 4, witness G, and F's testimony and the purport of whole pleadings.

2. The owner of the instant movable property;

A. Defendant B’s assertion is from the global food, as a security for the claim to return the down payment amounting to KRW 500 million that D paid to the global food, when entering into an agreement with the global food business on August 20, 2003 with the global food.