동산인도 등 청구의 소
1. Defendant B’s KRW 32,450,00 and the Plaintiff’s annual amount from November 12, 2019 to March 31, 2021, and the following:
1. The gist of the Plaintiff’s assertion is as follows: (a) from September 19, 2019 to September 22, 2019, the Plaintiff leased goods listed in the separate sheet (hereinafter “instant electronic displays”) to the Defendants as KRW 8 million; and (b) as preliminary, D subleted the instant electronic displays to the Defendants with the consent of the Plaintiff.
From September 23, 2019 to November 11, 2019, the Defendants used the instant electronic displays without permission (50 days).
The Defendants are obligated to refund to each Plaintiff the total of KRW 18 million, in total, KRW 100,000,000 and KRW 18,000,000,000 and KRW 100,000
2. Determination
A. In full view of the legal relations between the Plaintiff and the Defendants, the following facts and circumstances are revealed, taking into account the following facts and the purport of the entire pleadings in the witness D’s testimony.
1) Defendant B and D concluded an electronic sign board sales contract during the first half of 2019, which was not properly implemented (which is currently in progress between them). D leased the instant electronic sign board from the Plaintiff at its own expense on two occasions over July 2019, and around August 2019, and had Defendant B use it for each week.
2) On September 18, 2019, Defendant B directly discussed with the Plaintiff and the instant electronic display board lease on his own (one week between the former and the latter) and Defendant B requested Defendant B to do so later.
Defendant B sent shortly to the Plaintiff on the same day, and requested that D should not be directly connected to the Plaintiff.
D received such a request.
3) The Plaintiff confirmed the volume, period, etc. of lease from D, and did not discuss Defendant B’s unit price, etc.
4) The Defendants received delivery of the instant electronic sign board on September 19, 2019, and D confirmed the return schedule of the instant electronic sign board to Defendant B on September 22, 2019.
D and the Plaintiff set up the instant electronic display board against Defendant B from September 24, 2019.