Text
1. The Plaintiff:
A. As to the defendant C's KRW 1,152,100,000 and its KRW 343,60,000 among them, the defendant C shall be from April 8, 2020 to 808,500.
Reasons
It is as shown in the grounds of the claim after the modification of the attached Form to the indication of the primary claim against Defendant C.
According to the judgment by public notice, the Plaintiff’s claim for the return of equipment costs due to the termination of the claim against Defendant B under Article 208(3)3 of the Civil Procedure Act, and the claim for the payment of the payment of the rent (main assertion) was concluded on the construction equipment operation and land entry contract (hereinafter “instant land entry contract”) with the purport that if the Plaintiff was a party to Defendant B and provided the Defendants with equipment, the Defendants would pay the monthly rent to the Plaintiff (hereinafter “instant land entry contract”).
In accordance with the above contract, the Plaintiff paid equipment purchase price to the Defendants, and the Defendants agreed to pay to the Plaintiff KRW 1.5 million per month of dump trucks and KRW 6 million per month of 1.5 million per month of dump trucks and KRW 7.5 million per month of dump bags and dump bags, but the Defendants did not fully pay the land entry fee from September 1, 2015 to that date.
Therefore, the Plaintiff, jointly and severally with Defendant C, sought payment of KRW 808,500,00 for the land entry fee for 49 months from September 1, 2015 to October 31, 2019 as part of the land entry fee under the instant land entry contract, and damages for delay therefor. The Plaintiff terminated the instant land entry contract by serving the application for modification of the purport of the claim and the cause of the claim on April 6, 2020, and accordingly, sought payment of KRW 343,60,000 for the land purchase price of the land entry equipment to be returned jointly and severally with Defendant C or as part of the current value.
Judgment
According to Gap evidence Nos. 2, 3, 4, 5, and 9 (including a serial number; hereinafter the same shall apply), when the plaintiff invests in a business that Defendant C operates construction equipment, such as truck and sckes, in the Philippines, and on April 23, 2015, Defendant B made an investment on April 23, 2015, for the purpose of purchasing equipment, USD 132,000 ($ 150,000,000) for a person who is D in the Philippines on June 9, 2015, and USD 132,000 for the purpose of purchasing equipment.