logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2014.12.18 2013가합2181
손해배상(기)
Text

1. Defendant A’s KRW 110,000,000 and the Plaintiff’s annual rate of KRW 5% from June 24, 2013 to December 18, 2014.

Reasons

1. Basic facts

A. When Defendant A started the business to manufacture and supply the internal and external materials inside and outside the building to the Plaintiff, on November 26, 2009, concluded a lease agreement with the Plaintiff for the leasing framework (the name of the model: PEG-367; hereinafter “instant machinery”) from November 26, 2009 to November 26, 201. The Plaintiff jointly and severally guaranteed the said lease agreement.

In addition, Defendant A borrowed the amount of KRW 50,000,000 on November 30, 2009, and KRW 20,000 on December 24, 2009 from the Plaintiff as business funds.

B. From the end of 2010, Defendant A transferred the factory to the factory of Defendant C (hereinafter “Defendant C”) located in Jincheon-gun, Jincheon-gun, Chungcheongnam-do, and even thereafter, Defendant C continued to manufacture and supply the goods to the Plaintiff using the instant machinery installed in the said factory.

C. On December 7, 2011, Defendant A sold the instant machinery to Defendant C via Defendant B, who operates the instant machinery. Defendant C, upon purchasing the instant machinery, concluded a lease agreement with the two capital capitals Co., Ltd. (hereinafter “dual capitals”), but sold the instant machinery again to G who operates the F on August 1, 2012.

On the other hand, on June 201, the Plaintiff entered into a lease agreement with the two-way Capital, 22,00,000 won as lease deposit, 2,886,600 won per month as lease fee, and 36 months from June 2011 as lease period (hereinafter “the lease agreement of this case”) with the two-way Capital, and the two-way Capital affixed a CD indicating that the instant machine was provided as lease goods on the instant machine.

E. On June 2014, the Plaintiff paid the lease fee under the instant lease agreement in full.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 4, 7 to 15, respectively.

arrow