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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
On April 17, 2012, the Plaintiff and the Defendant invested construction machinery, including dump trucks and excavation equipment, which were managed and operated by each party at the time of establishment, and established a limited liability company C (the trade name was referred to as "DD limited liability company" at the time of establishment, and changed to the above trade name on August 2015; hereinafter referred to as "C"), and the Defendant assumed office as a sole director and representative of C, and decided to operate the construction equipment leasing business at the ratio of 1:1 shares, by taking charge of the field and equipment management.
(hereinafter “instant trade agreement”). Under the instant trade agreement, the Defendant completed the registration of transfer of ownership in the name of C on dump trucks, etc. owned by it, and the Plaintiff also completed the transfer of ownership on August 31, 2012 on the dump trucks and the excavation equipment managed and used by the Plaintiff (hereinafter “the instant excavation equipment”). Each of the instant dump trucks and excavated vehicles were used for the business of C.
Since then on August 31, 2013, the Plaintiff and the Defendant terminated the instant partnership agreement, and the Plaintiff transferred the ownership of the instant excavated machine from C and agreed to do so.
Meanwhile, around August 31, 2012, when the instant excavated machine had been transferred in the name of C, the installment payment amount of the said excavated machine remains at KRW 40,404,770. At that time, C obtained additional loans to the said excavated machine as collateral and became KRW 87,00,000 for the total amount of installments and loans to the said excavated machine.
Since then, the principal and interest on the said money was paid as C’s operating profit, and the balance of the installment payments and loans remaining around August 31, 2013 when the instant business agreement was terminated, which was KRW 61,636,00. However, since September 25, 2013 to August 25, 2015, C, which had been remaining as the nominal owner due to the Plaintiff’s failure to take over the name of the excavated machine, repaid KRW 70,320,479 in total, including the principal and interest on the said installment payments and loans from September 25, 2013 to August 25, 2015, and KRW 61,631,671, interest, 8,620,649, and late payment fees.
2019.