장비임대료
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Grounds for the instant claim
A. The Defendant, from around 2010 to April 2018, has registered a construction business with C as its trade name, and even though the Defendant reported a divorce with D on December 2010, D had D use the Defendant’s name C’s business registration and deposit account, and actively participated in C’s operation, such as providing D with a certificate of personal seal impression and an authorized certificate whenever necessary.
The defendant and D have operated C in a way that D with bad credit conditions meet all necessary conditions for operation of C, and D has actually conducted business such as business selection and conclusion of contract.
This can be seen as allowing the defendant to operate C in the name of the defendant, explicitly allowing D to operate C and granting C decision-making authority concerning C operation, so D's contractual responsibilities naturally affect the defendant.
B. D in this position performed the following acts, such as concluding a contract with the Plaintiff in the name of C.
The Plaintiff entered into a construction machinery lease agreement with D in May 2014, and leased the tent from May 1, 2014 to September 1, 2014.
In the event that the unpaid rent reaches KRW 47,100,00, the Plaintiff filed a lawsuit claiming the payment of rent against C, a higher contractor, E, but subsequently lost most of them.
After that, on May 24, 2017, the Plaintiff and D concluded a contract on the transfer and takeover of the claim that transferred to the Plaintiff the amount equivalent to KRW 60 million out of the construction price claim for C Co., Ltd., in consideration of the aforementioned unpaid rents, delay damages, litigation costs, etc.
C. Accordingly, on May 24, 2017, the Plaintiff’s claim for the agreed amount based on an agreement at the time of credit transfer and takeover agreement is the primary cause of claim, and the unpaid rent, delay damages, interest for delay, and claim for damages are KRW 60 million as the primary cause of claim.