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Reasons
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(영문) 창원지방법원 2018.12.05 2017가단1922
동산인도
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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion: Compensation for damages caused by illegal acts;

A. On September 15, 2010, the Plaintiff purchased the machinery listed in the separate sheet (hereinafter “instant machinery”) from Nonparty E from Nonparty E, and entered into a lease agreement with F on September 16, 2010 on the following day (hereinafter “the first lease agreement”).

Since then, Nonparty G, the husband of the Plaintiff, used the instant machinery within the “I” place of business located in H in the city of Changwon, and paid monthly rent.

B. In addition, G transferred half of the shares of Defendant C Co., Ltd. (hereinafter “Defendant C”) to Defendant B, and “I” operated by G was merged with Defendant C. Accordingly, the instant machinery was transferred to Defendant C’s factory located in Changwon-si J and used.

C. After that, on February 13, 2012, Defendant B deposited KRW 45,808,640 in relation to the instant machinery with the Plaintiff’s account and terminated the instant first lease contract with F Co., Ltd. (hereinafter “F”), and the lease fees paid by the Plaintiff up to that time reached KRW 89,616,941.

On the other hand, Defendant B entered into a lease agreement with F as if Defendant C newly purchased five machinery including the instant machinery from a third party on February 13, 2012, on the date of the termination of the instant first lease contract, and used F and the amount of KRW 150,000,000 without permission.

E. After that, the instant second lease agreement succeeded to K, and subsequently, the subsequent lease agreement could not be paid properly, which led to the removal of most of the instant machinery, etc. by the said K.

F. As above, the Defendants, like the Plaintiff, have caused damages equivalent to the lease fee paid for the instant machinery, and thus, they are obliged to pay the damages amounting to KRW 89,616,941 as compensation for damages and the delay damages therefrom.

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