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(영문) 전주지방법원 2016.10.21 2015가합1986
사용료
Text

1. The Defendant shall pay to the Plaintiff KRW 5,107,657 and from August 20, 2016 until the completion date of delivery of each dump truck listed in the attached Table.

Reasons

1. Facts of recognition;

A. The plaintiff is an engineering work company with the purpose of an engineering work business, and the defendant is a company with the purpose of reinforced concrete construction business.

B. On April 4, 2007, the Plaintiff purchased each dump truck listed in the separate sheet (hereinafter “each dump truck of this case”) and borrowed a purchase fund from Adump Capital Co., Ltd. (the trade name before the change is referred to as “Edump Capital Co., Ltd.”; hereinafter “Adump Capital”) and completed the mortgage creation registration with a claim amount of KRW 100 million against Adump capital.

C. Each of the instant dump trucks was delivered to C at the time through B around August 2008.

On November 30, 2009, the Defendant acquired the Plaintiff’s obligations for loans to Adump trucks of this case on a concurrent basis. From July 26, 2008 to December 30, 201, the Defendant repaid KRW 207,617,310 of the total amount of loans to Adump trucks of this case from around July 26, 2008, and completed each registration of transfer after acquiring a mortgage on each of the instant Dump trucks from Adump trucks of this case under the name of C.

E. The Plaintiff filed a lawsuit against the Defendant for the delivery of each of the instant dump trucks with the Jeonju District Court 2012Kadan14038, and the said judgment became final and conclusive on October 16, 2013 upon receiving a favorable judgment from the said court on September 6, 2013.

F. The Defendant has occupied and used each of the instant dump trucks until now.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 to 4 (including virtual number; hereinafter the same shall apply), Eul's evidence 1, and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The gist of the Plaintiff’s assertion is that the Defendant did not pay the fees for use and profit-making of each of the instant dump trucks owned by the Plaintiff from August 2008 to the date of completion of delivery of each of the instant dump trucks. Therefore, the Defendant sought the return of unjust enrichment equivalent to the rent from August 2008 to the date of completion of delivery of each of the instant dum

B. The gist of the defendant's assertion.

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