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(영문) 서울남부지방법원 2016.04.14 2014가단242556

손해배상(기)

Text

1. The Defendant’s KRW 398,880 as well as the Plaintiff’s annual rate from May 13, 2015 to April 14, 2016.

Reasons

1. Basic facts

A. On November 18, 2010, the Plaintiff and the Defendant entered into a so-called vehicle access contract between the Plaintiff and the Defendant to operate the said vehicle under the Plaintiff’s entrusted account, with respect to the vehicle owner’s name as the Defendant, and the ownership and the management right to operate the said vehicle externally reverted to the Defendant, and the vehicle owner’s right to operate the said vehicle externally belongs to the Defendant.

(hereinafter referred to as the “instant land-building vehicle” and the said contract is called the “instant land-building vehicle” (hereinafter referred to as the “instant land-building contract”).

The defendant, who entered into a vehicle-based contract with the defendant, assigned and operated the cargo transport services as follows:

(1) 8 vehicles: (a) 13 vehicles that are in charge of transportation with a lot system that guarantees the annual average number of carriages and basic fares; (b) so-called “annual running vehicles”; (c) vehicles that can be operated by taking charge of transportation with a lot system only from May to September of the so-called “annual running vehicles”; and (d) vehicles that are operated between a lot system and a nationwide manufacturing factory or logistics center; and (d) 20 vehicles, so-called “free driving vehicles” where individuals carry out transportation services using the National Logistics Center.

C. Until the end of April 2014, the Defendant allocated the instant land vehicles to the Plaintiff for annual running car carriage, and at that time notified the Plaintiff of the change in the form of the vehicle because the annual allocation period for running car carriage exceeds that.

The Plaintiff, from May 1, 2014 to September 1, 2014, allocated the instant land to the transportation business of a scambling vehicle and operated the instant land. On October 7, 2014, the Plaintiff sold the instant land-building vehicle to the scam truck Co., Ltd. (hereinafter referred to as the “scamb truck”). On October 13, 2014, the Defendant cooperates with the procedure for the registration of transfer of ownership, such as providing documents necessary for the transfer of ownership to the scam truck.