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(영문) 수원지방법원평택지원 2020.06.12 2018가단64991

손실보상금

Text

1. Defendant B’s KRW 73,908,057 as well as 6% per annum from April 18, 2020 to June 12, 2020.

Reasons

1. Basic facts

A. On November 18, 2015, the Plaintiff: (a) purchased a siren 12 unit in the name of the Plaintiff in the name of Defendant B (the Defendant purchased seven units at the time of the initial MOU; (b) additionally purchased one unit of a vehicle with a car on January 12, 2016; and (c) purchased a vehicle with a additional unit on April 22, 2016; and (d) the final installment purchase on April 22, 2016, in the capacity of the head of the business office, “the head of the business office of the Plaintiff” (hereinafter “instant business office”); (b) had the said Defendant receive operating profits of the business office of the Plaintiff; (c) calculated the monthly operating income of the said Defendant; and (d) calculated the monthly insurance premiums, tax agency fees, public charges, etc. for employees of the business office in total by the said Defendant; and (d) agreed to receive a total amount of KRW 975,730 per month from the Defendant B to prepare the instant MOU (hereinafter “MOU”).

B. Defendant B, using the corporate account in the name of the Plaintiff’s Ansan business office, bears the expenses of installment payments, insurance premiums, administrative fines, tolls, value-added tax, corporate tax, etc. of the said vehicle, along with the payment of the said agreed amount, along with the payment of the said agreed amount. Defendant B, separate from the said 12 rental car, paid the fees of KRW 1 million per month for each vehicle, and Defendant B leased two vehicles (DK7 vehicles, EpirHG vehicles, hereinafter “K7” and “G” vehicles without the vehicle number indicated) from the Plaintiff and operated the instant business office as 14 as the instant vehicle.

C. From the end of December 2016, the Plaintiff directly paid the premium, insurance premium, etc. to Defendant B from February 2017, and began to recover the siren vehicle from February 2017, and eventually closed the instant place of business on July 31, 2017.

On July 2017, the Plaintiff agreed with Defendant B to receive return of 12 rental car cars purchased in the name of the Plaintiff and 2 cars leased by the Plaintiff, etc. from the said Defendant, and settle them based on F evaluation money.

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