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(영문) 대구고등법원 2017.09.27 2017나20488
중기임대료 등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Summary of the parties' arguments

A. Plaintiff 1) As to the Defendant Company, the Defendant Company is a company engaging in the business of leasing construction equipment, etc., and the Defendant C was a person who served as the representative director of the Defendant Company until August 18, 2015. The Plaintiff is Daehee Co., Ltd. (hereinafter “Nonindicted Company”).

(2) The Defendant Company leased navigational equipment to the Defendant Company from June 10, 2015 to August 19, 2015 upon receipt of a request for the lease of navigational equipment from the Defendant Company that was awarded a contract for file navigational equipment construction among new D apartment construction works. Nevertheless, the Defendant Company did not pay a total of KRW 379 million (10 million of rent on June 10, 2015, KRW 165 million of rent on July 2015, KRW 165 million of rent on August 2015, KRW 14.5 million of rent on August 2015). Accordingly, the Defendant Company did not pay to the Plaintiff the Plaintiff KRW 379 million, KRW 500,000,000,000 of rent on the Plaintiff’s debt, and the Defendant Company’s disposal of the instant real property to the Defendant Company, including the Plaintiff’s disposal of the instant real property, constituted the Defendant Company’s disposal of the instant property to the Plaintiff.

Therefore, the instant disposition should be revoked by fraudulent act, and the Defendant C should implement the registration procedure for cancellation of ownership transfer registration of the instant real estate to the Defendant Company due to restitution.

B. The Defendant Company did not enter into a lease agreement for navigational equipment with the Plaintiff. However, after being awarded a contract for file navigational equipment from the Nonparty Company, the Defendant Company only ordered the Plaintiff to enter into a subcontract by setting the construction cost of KRW 22,00 per meter in depth with respect to the construction part of the said file navigational equipment.

The construction cost for the portion that the Plaintiff performed from June 10, 2015 to August 19, 2015 is KRW 77,272,80 in total. Here, the deduction of KRW 19,024,012 in the oil cost and KRW 3.6 million in the construction equipment rent is 54,648.

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