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(영문) 의정부지방법원 2015.01.20 2013가단162710
유체동산인도
Text

1. Defendant E Co., Ltd.: (a) each of the Plaintiffs’ KRW 1,800,000 and the same shall be from September 25, 2013 to January 18, 2014.

Reasons

1. Basic facts

A. From around 2010, the Plaintiffs purchased each car group listed in the separate sheet (hereinafter “instant car group”) from Defendant E Co., Ltd. (hereinafter “Defendant E”), and acquired ownership, and at the same time leased the instant car group to Defendant E at KRW 600,000 per car.

B. On June 19, 2012, the instant carra was established in the “H” even after the notice by the F to the Defendant E that the contract for joint operation was terminated on August 31, 2013, while the instant carra was installed in the said camping site and provided for a fee to the users of the camping site by Defendant E according to the carra joint operation agreement between the Nonparty F (a business entity located in Gyeonggi-si G G (PH) and the Defendant E (A carra).

C. Meanwhile, on January 11, 2013, Defendant D Co., Ltd. (hereinafter “Defendant D”) entered into a contract with Nonparty I (the husband of the above F, who is the actual operator of H”) to be entrusted with the operation of H on the condition that he would pay 25% of the sales amount. Accordingly, Defendant D started the business of obtaining profits by providing users of H’s facilities from around that time.

Defendant D agreed with I on July 30, 2013 with the termination date of the above consignment operation contract, and instead, leased the site of “H” from I as security deposit of KRW 15,000,000, monthly rent of KRW 6,700,000, and the period from September 1, 2013 to August 31, 2016.

Defendant D operated a camping site in his own name from September 1, 2013, and whether Defendant D provided this case to its users is in dispute as seen below, as seen in paragraph (3).

E. around October 14, 2013, Defendant D moved the instant Carra to the existing location of “H” and stored the instant carra in one place.

[Recognition] A.

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