(영문) 대구고등법원 2020.05.08 2018나24807

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(영문) 대구고등법원 2020.05.08 2018나24807

손해배상(기)

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1. Of the judgment of the first instance, the part against Defendant C, including the claim expanded by this court, is as follows.

Reasons

1. Basic facts

A. Party status 1) The Plaintiff is operating the machinery repair business, etc. in the name of “E” from the building located in Sinsan City D, and around January 201, the Plaintiff is a building located in K in Sinsan City F (hereinafter “former building”).

(E) “E 2 factory” was leased and operated. After that, the Plaintiff’s second factory around October 2013, the Plaintiff was a director of the building located in the Busan City JJ (hereinafter “the building”) in the former building.

(2) Defendant C transferred part of the entire building from the Plaintiff around January 2012 to KRW 700,000 per month while operating the train rental business from around 2010 to the name of “G”.

After that, the plaintiff moved to the building after the director around October 2013, and the defendant C also moved to the above building and used part of the building as the workplace.

3) When Defendant C, a birth partner, was unable to register his business under the name of Defendant C on the grounds of bad credit standing, etc., Defendant C lent the name of the representative of Defendant C to Defendant C. B. Around February 2012, the Plaintiff and Defendant C entered into an oral agreement with Defendant C with the following terms (hereinafter “instant agreement”).

Plaintiff

The owner shall be leased and managed under the name of Defendant C.

In the event that Defendant C leases a motor vehicle owned by the Plaintiff, 80% of the rent shall be paid to the Plaintiff, and the remainder 20% shall have the Defendant C as the management expenses and repair expenses for the motor vehicle owned by the Plaintiff.

The repair cost incurred by Defendant C in managing the former vehicle owned by the Plaintiff shall be borne by Defendant C, but the cost of repairing the latter shall be borne by the Plaintiff.

When Defendant C sells the former vehicle owned by the Plaintiff, the sales proceeds shall be distributed to the Plaintiff and Defendant C, respectively.

2. After that, the Plaintiff purchased, directly or through Defendant C, or already leased to a trader.

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