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1. Defendant B Co., Ltd.: (a) 54,648,788 won and its relation to the Plaintiff, from August 20, 2015 to December 22, 2016.
Reasons
1. Summary of the parties' arguments
A. Plaintiff 1) As to the Defendant Company, the Defendant Company is a company running the construction equipment leasing business, 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 contracted for file navigational equipment among new D Apartment Construction. Nevertheless, the Defendant Company did not pay a total of KRW 379 million (10 million of rent on June 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 50 million of rent on the Plaintiff’s debt, and KRW 1.5 million of rent on the Plaintiff’s disposal of the instant real property to avoid liability to the Plaintiff, including the Plaintiff’s disposal of the instant real property.
Therefore, the instant disposition should be revoked by fraudulent act, and the Defendant C should cancel the registration of transfer of ownership with respect to the instant real estate by restitution to its original state.
B. The Defendant Company did not enter into a lease contract with the Plaintiff for the navigational equipment. However, after being awarded a contract for the file navigational equipment from the Nonparty Company, the Defendant Company only ordered the Plaintiff to enter into a subcontract with the construction cost of KRW 22,00 per meter in depth for the construction part of the said file navigational equipment.
The Plaintiff’s construction cost as to the portion constructed from June 10, 2015 to August 19, 2015 is KRW 77,272,80 in total. Here, the Plaintiff’s deduction of KRW 19,024,012 in oil cost and KRW 3.6 million in construction equipment rent is merely KRW 54,648,78.