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(영문) 전주지방법원 정읍지원 2017.02.07 2015가단4762
장비대금
Text

1. The defendant is the 4,620,000 won for the plaintiff (appointed party) and the 2,860,000 won for the appointed limited liability company and the appointed party.

Reasons

1. The Defendant asserts that, after the filing of the instant lawsuit, the rehabilitation procedure for the limited liability company B was commenced, and that the Plaintiffs’ claim is unlawful, since the Plaintiffs’ claim was entered in the table of rehabilitation creditors in the said procedure.

Comprehensively taking account of the purport of the entire argument in the statement No. 1 of the evidence No. 1, the fact that the order to commence rehabilitation proceedings was issued by the Jeonju District Court 2015 Gohap100 on December 16, 2015 with respect to a limited liability company B (hereinafter “B”) after the filing of the instant lawsuit, and the fact that part of the claim of the Plaintiff (Appointed Party) and the designated party B for the equipment user fee of this case on B is recognized as recorded in the table of rehabilitation creditors.

However, comprehensively taking account of the overall purport of the arguments in the statement No. 2-1 and No. 2, it can be acknowledged that the rehabilitation plan in the above rehabilitation procedure was not finalized until the time of the closing of argument in the instant case. Thus, the instant lawsuit cannot be deemed unlawful solely on the grounds that the Defendant asserted.

2. Comprehensively taking account of the overall purport of arguments in Gap evidence No. 1-1-31, evidence No. 2-1-2, and evidence No. 2-2, the plaintiff (appointed party) and the designated parties in the name of the annexed sheet run aggregate transport business using construction machinery after obtaining permission for construction machinery contracting and leasing business. From January 2014 to July 2014, the fact that the sum of rent for the use of equipment was 84,442,60 won by transporting tin at the construction site designated by Eul from January 201 to July 2014, the fact that the Plaintiff (appointed party) and the designated parties in the name of the annexed sheet were paid for each of the items set forth in paragraph (1) can be acknowledged.

Therefore, the defendant, who is the party B's taking over the lawsuit, shall apply the ratio of 15% per annum to the plaintiff (appointed party) and the appointed party with respect to the user fee of each equipment and each of the above money as stated in Paragraph 1 of this case from the day following the delivery date of a copy of the complaint of this case to the day of full payment.

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