건설기계인도
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts below the basic facts are either in dispute between the parties or in the entries in Gap evidence Nos. 1, 3, 4, 5, and Eul evidence No. 2-1, 2, and 5, these facts may be acknowledged by taking into account the whole purport of the pleadings.
Plaintiff
On July 2, 2009, Defendant C Co., Ltd. (hereinafter “D”) entered into an agreement with Defendant C Co., Ltd. (hereinafter “Defendant C”), which is the representative of Defendant C Co., Ltd., under which the Plaintiff and D provided one unit of construction machinery to Defendant C, that Defendant C would pay KRW 100 million to the Plaintiff and D for the purchase of construction machinery parts, and then distribute 50% of the net profits remaining after deducting the expenses incurred each year from the expenses incurred in conducting the business of taking orders and construction of construction machinery parts (hereinafter “instant agreement”). In accordance with the instant agreement, the Plaintiff exported one unit of construction machinery listed in the attached list (hereinafter “instant equipment”).
B. On the other hand, on February 14, 2014, Defendant C entered into a joint agreement (hereinafter “joint agreement between Defendant C and Defendant C on the investment of construction machinery, including the instant equipment, and Defendant C with Defendant C to jointly operate the business of receiving orders and construction works related to the files in mid-dong and its domestic and overseas areas using construction machinery by leasing KRW 900 million to Defendant C as security (hereinafter “joint agreement between Defendant C”). Defendant C provided construction machinery, including the instant equipment, as security, to Defendant C and paid the debt incurred at that time by borrowing KRW 900 million from Defendant C to Defendant C.
C. On April 13, 2015, the Defendant Seogc expressed to Defendant C that it is impossible to conduct a joint project due to the Plaintiff’s assertion of the right to the instant equipment, etc., and thus, the joint project agreement between the Defendant is terminated, and the loan amounting to KRW 900 million against Defendant C.