(영문) 대전지방법원 2014.11.06 2014가합100324



1. The defendant shall pay to the plaintiff the amount of KRW 27,493,58 and the amount of KRW 5,321,58 from September 23, 2014 to the date of full payment.


. All costs incurred in the management and operation of vehicles, such as breakdowns and oil supplies, taxes and public charges, insurance premiums, etc. concerning the transport of quantities, shall be borne by the Defendant, and the costs incurred for the reasons attributable to the Defendant

(2) When the contract is terminated or terminated, the defendant shall deliver the entrusted vehicle to the plaintiff without delay.

Article 11 (Imposition of Penalty) The defendant shall pay the penalty and the damages caused thereby to the plaintiff within the period of time according to the violation of laws and regulations and administrative measures following the operation of the vehicle.

Article 15 (Collection in Arrears) The defendant shall not pay expenses, etc. to be imposed on the defendant, and the plaintiff shall be deemed to have voluntarily recovered the defendant's management vehicle without the consent of the defendant in the event of default for not less than three months, and the plaintiff shall be deemed to have settled by offsetting the delinquent amount.

Article 16 (Cancellation of Contract) (3) The plaintiff may unilaterally cancel the following matters without a peremptory notice of performance:

* When the burden of Article 5 and all the defendants has been defaulted for not less than three months.

B. On April 10, 2013, the Plaintiff and the Defendant concluded an entrusted management contract with the content of paragraph (a) (hereinafter referred to as “instant contract”), except for the following, with respect to D cargo vehicles, the above entrusted management fees are different, and penalty and delayed damage rate are added, and a trustee management contract with B cargo vehicles and C cargo trust contract with the content of paragraph (a) was concluded, and received monthly rent 2,207,136 (excluding value-added tax).

Article 5 (Entrustment Management Fee) (3) The defendant shall pay 200,000 won monthly management fee to the plaintiff in return for the entrustment of the operation and management right.

(Value-added Tax separate). (4) A shall pay to the Plaintiff a penalty of KRW 3,00,000 for the transport of the quantity of another company without complying with the Plaintiff’s dispatch of vehicles and work instructions and shall promptly return the vehicle to the Plaintiff.

Article 26 (Duty of Repayment) (2) The defendant shall pay all outstanding amounts at the time of occurrence of the outstanding amount.