손해배상(기)
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay 13,77,800 won to the plaintiff and its related costs on September 2019.
1. Basic facts
A. The Plaintiff is a company engaged in the business of manufacturing machinery, etc., and the Defendant is a person who engages in the business of leasing construction equipment under the trade name “C”.
B. From February 2018 to June 2018, the Defendant leased the construction equipment, such as Kaclass, to the Plaintiff, and did not receive KRW 23,155,000 out of the rent.
(hereinafter “instant claim”). C.
On July 18, 2018, the Defendant filed an application against the Plaintiff for a payment order with the Gwangju District Court 2018 tea446 in relation to the instant claim, and on the same day, the payment order was made on August 4, 2018, stating that “the Plaintiff shall pay to the Defendant KRW 23,155,000 and delay damages thereon” was the payment order, and the payment order was finalized on August 4, 2018.
(hereinafter “instant payment order”). D.
Around July 2018, the Plaintiff’s creditors, including the Defendant, were unable to receive approximately KRW 7.2 billion from the Plaintiff, and the Plaintiff’s creditors, including the Defendant, organized the claim group (hereinafter “claim group”) and delegated the claim group with KRW 5.1 billion out of their attempted bonds. In the process, the Defendant also delegated the claim group with all of the affairs pertaining to the disposal of outstanding and outstanding bills to the Plaintiff (the claim of this case) to the claim group. The Defendant also made a power of delegation stating that “The creditors agree to allocate the recovered amount to the creditors’ ratio of the total amount of the final claim(23,15,000) to the claim group.”
E. On July 15, 2018, the bond group agreed with D Co., Ltd. and E (hereinafter “D, etc.”) to the effect that “The bond group transfers the Plaintiff’s right to raw materials, semi-finished goods and finished goods related to D, etc. to D, etc., and D, etc. pays 50% of the amount of the attempted bonds related to D, etc.’s work.”
(hereinafter “instant agreement”). On July 23, 2018, the claim group between the Plaintiff and the Plaintiff falls under the ownership of the raw materials, semi-finished goods and finished goods related to D, etc. to the claim group.