임대료청구
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. A limited liability company G was established on April 25, 201 for the purpose of aggregate extraction business, etc., and its trade name was changed to a limited liability company C on March 13, 2013, as a limited liability company H and April 1, 2016.
(hereinafter referred to as “Defendant C”). B.
On August 20, 2012, Defendant C transferred only the title of ownership of construction machinery listed in the separate sheet (hereinafter referred to as “instant construction machinery”), which he/she owned, from L, and completed the registration of aggregate extraction business on September 19, 2012.
C. Defendant C applied for permission to collect earth and rocks on the aggregate of five parcels, including Jeon-gun P, Jeon-gun P, and five parcels, but the head of Jeonju-Gun rejected the said application on April 10, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 8, 13, 14 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 2, 3 and 5, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The summary of the Plaintiff’s assertion 1) Defendant C agreed to pay the royalty of KRW 10 million per month in return for the transfer of the name of the instant construction machinery from L. The Defendant C was transferred from L on August 2012, but only paid KRW 10 million on May 12, 2014, and did not pay the agreed royalty. The Plaintiffs received L’s claim for the royalty of the instant construction machinery from L on May 15, 2015 against Defendant C. As such, Defendant C was liable to pay the Plaintiff, the assignee of the instant construction machinery, the unpaid royalty of KRW 450 million (L from October 201 to July 46, 2015, less KRW 10 million from L’s name transfer and delay damages.
In addition, Defendant D agreed to pay the name lending fee of the instant construction machinery as the representative director of Defendant C, and Defendant E and F agreed to do so.