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Reasons
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(영문) 광주지방법원 2017.01.18 2015가단516392
소유권확인
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1. In case of Defendant Korea After-sale, the entry of the commodity list, including the attached machinery, in the case of Defendant Korea;

3. through 3.

7. The plaintiff's goods.

Reasons

1. Facts of recognition;

A. On February 8, 2014, the Plaintiff entered into a franchise store agreement with Defendant B, which had been engaged in the business as “E”, and provided the goods indicated in the annexed sheet of machinery, etc. (hereinafter “instant goods”) and the interior terms, equipment, etc. necessary for the business. Around February 2014, the Plaintiff paid KRW 80,000,000 to Defendant B.

B. Around March 2014, Defendant B entered into a lease agreement that leases the instant goods, etc. from Defendant Korea Green Cross (hereinafter “Defendant Korea Green Cross”).

C. Although the Plaintiff supplied the instant goods, etc. from Defendant B and started business as “E” stores, the Plaintiff changed its trade name from April 2014 to “F” and operated independently.

Defendant B established and substantially operated Defendant C Co., Ltd. (hereinafter “Defendant C”) on August 2014, and the nominal representative was G as an internal director.

E. Around December 8, 2014, there was a dispute between the Plaintiff and Defendant B as to the ownership of the instant goods, etc., and the Plaintiff and Defendant C were gathered by Defendant D, the business employees of the Plaintiff, Defendant B, and the Korea Hubuster, respectively, and the “combined Lease Agreement” was formulated between the Plaintiff and the Defendant C, the Plaintiff, the Defendant C, and the Defendant Hubuster, respectively.

Relevant matters shall be as follows:

Article 1 (Definition of Lease Contract) The purpose of this Agreement is to provide “A” (Definition of Lease Contract) with services for exchange and maintenance of expendable goods essential for the operation of a composite machine so that “B” (Defendant C) can normally use the composite machine leased from “B” (Defendant C), and “A” with the aim of paying rent under Article 4 to “B” in return for this.

Article 2 (Subject Complex Name) Model Name: 5580, 2263: Date of commencement of calculation of charges: January 1, 2015: The term of validity of this Agreement under Article 3 (Period of Contract) of F shall be calculated.

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