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1. The defendant shall not have access to the factory located in Jincheon-gun, Jincheon-gun.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Facts of recognition;
A. The Defendant is the representative director of Saman T&T Co., Ltd. (hereinafter “T&T”) and the representative director of C Co., Ltd. (hereinafter “C”) and the inside director of D Co., Ltd. (hereinafter “D”) who are companies conducting subcontract transactions.
B. On November 1, 2016, D leased a factory located in Jincheon-gun, Jincheon-gun (hereinafter “instant factory”) to manufacture a product to be supplied to T&T, and at the same time, D entered into a lease agreement with a monthly rent of KRW 1,00,000, and a lease agreement with a two-year period from the date of entering into the contract (hereinafter “first lease agreement”) and received delivery of the instant factory.
C. Around October 27, 2016, C and C&T bears D’s personnel expenses and various expenses from November 1, 2016 to April 30, 2017. Since May 1, 2017, D and C&T agreed to pay the price according to the product unit price. Since then, both disputes arose between themselves.
On February 1, 2018, the Plaintiff entered into a lease agreement for the instant plant between Samcheon, with the content that the monthly rent of KRW 1,00,000,000 and the lease period of KRW 2 years from the date of entering into the contract (hereinafter “second lease agreement”). Around that time, D’s employees, who worked in the instant plant, retired from D and joined the Plaintiff.
E. At present, the Plaintiff is engaged in the supply and sale transaction of the instant plant in accordance with the second lease contract, and the Defendant has access to the instant factory against the intention of the Plaintiff in the amount of 1 and 2 times a week since the Plaintiff occupied the instant factory.
[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 1 to 3, and 5 evidence (including branch numbers), the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of recognition as to the cause of the claim, the Plaintiff does not have any special reason.