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1. Defendant B Co., Ltd. and C jointly and severally with the Plaintiff KRW 30,00,000,000 and the aforementioned amount shall be from May 23, 2012 to August 2, 2013.
Reasons
1. Determination as to the claim against Defendant A
A. Facts of recognition 1) D Co., Ltd. (hereinafter “D”).
B) On August 8, 2011, D Co., Ltd. (hereinafter referred to as “Defendant B”) entered into a contract for the sale of dredging soil in the F Area with the content that D purchases dredging soil of the E in the official territory from the official territory of the Republic of Korea from the official territory of the Republic of Korea, and September 1, 2011.
(2) On September 5, 2011, Defendant A (hereinafter “Defendant A”) leased the movable property in attached Form 1 (integrated with water charging facilities and related accessory facilities; hereinafter “instant movable property”) produced by Defendant A from Defendant A Co., Ltd. (hereinafter “Defendant A”) (hereinafter “instant movable property”) and leased the leased period from September 201 to March 201, 201, and the rent was KRW 2,388,00,00 (in addition, the rent was set as KRW 18 months)).
3) After Defendant B’s discontinuance of the above business, on April 23, 2012, D entered into a “F District Dredging project agreement” with the Plaintiff. On May 22, 2012, the Plaintiff entered into a “transfer/acquisition agreement” with Defendant B on the purchase of all of the instant movable property, including the instant movable property, in G and attached Form 2, installed in E, from Defendant B at 200 million won (Additional Tax), and around that time, Defendant A was handed over the instant movable from Defendant B to occupy it up to the present day. (4) On June 26, 2013, if the Plaintiff wishes to reuse the instant movable because the instant movable was leased to Defendant B, and thus the term of lease expires, the Plaintiff again entered into a rental agreement, and thus, the Plaintiff could not transfer or acquire the instant movable property, since the instant movable property was owned by the Defendant A, as it is a leased property.”
[Ground of recognition] without any dispute, Gap evidence 1, Gap evidence 2-1 through 3, Gap evidence 4, Gap evidence 6, Eul evidence 1 and 2, and witness H.