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(영문) 광주지방법원 2021.01.15 2020가단2842

관리비

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 5,730,810, and Defendant C with respect thereto from October 9, 2020, and Defendant D with respect to the said amount.

Reasons

1. Determination on the Plaintiff’s assertion of the cause of claim

A. On November 7, 2013, Defendant C entered into an operation and management agreement with Defendant D on the instant vehicle registration ledger with respect to the Plaintiff and EM PM PH Ller (hereinafter “instant vehicle”). Defendant C entered into an operation and management agreement with the Plaintiff to register the instant vehicle in the Plaintiff’s name and entrust the Plaintiff with the right to manage the instant vehicle transport business (hereinafter “instant agreement”).

According to the instant contract, Defendant C paid 70,000 won to the Plaintiff as management expenses for each month. In addition, after the Plaintiff commenced the operation and management of the instant vehicle, Defendant C had to bear all the expenses incurred in managing and operating the instant vehicle, such as breakdowns, repair and oil, taxes, public charges, insurance premiums, etc., penalties, penalty, penalty surcharges, administrative fines, and all other money and losses incurred by the operation of the instant vehicle.

The instant vehicle was scrapped on or around July 2020. The management expenses calculated by the Plaintiff’s KRW 70,000 per month prior to the completion of the registration of scrapping under the instant contract (i.e., KRW 140,000 (=70,000 x 2) for the operation management expenses for the year 2013 x 840,000 (=70,000 x 12 times) for the operation management expenses for the year 2014 x 840,000 for the instant vehicle (i.e., KRW 70,000 x 70,000 x 12 x 12 times) x 840,000 for the operating management expenses for the instant vehicle (i.e., KRW 70,000 for the instant vehicle) x 200,700 for the management expenses for the instant vehicle (i.e., KRW 2008,2008)

On the other hand, around April 16, 2015, Defendant C deposited KRW 200,00 as management expenses for operation under the instant contract to the Plaintiff, and the instant lawsuit is filed.