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(영문) 서울북부지방법원 2014.10.17 2013가단37378

운임료

Text

1. From January 30, 2014 to October 17, 2014, the Plaintiff (Counterclaim Defendant) paid KRW 737,52 to the Defendant (Counterclaim Plaintiff) and related thereto.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On August 3, 2001, the Plaintiff purchased a tea truck with B treatment 25 tons (hereinafter “B vehicle”) at its own expense. On the same day, the Plaintiff entered into an entrustment management agreement with the Defendant, which is a trucking business operator, to vest in the name of the registration of ownership of the Defendant and B vehicle for three years, and the Plaintiff, who is entrusted with the operation and management right of B vehicle from the Defendant, to operate it, but to pay to the Defendant each month management fee of KRW 223,00 (including value-added tax and the Association expenses) and the insurance premium, general insurance premium, etc.

(hereinafter referred to as the “instant consignment management contract”). B.

On September 26, 2006, the Plaintiff’s wife entered into an entrustment management agreement with respect to the E New Railroad Truck (hereinafter “E”) on July 28, 2009, as described in paragraph (1), with respect to the same content as that of each of paragraph (1), and the Plaintiff jointly and severally guaranteed the aforementioned contractual obligations of D.

C. At the time of each contract, the Plaintiff and D completed the transfer of ownership on each of the above vehicles under the name of the Defendant pursuant to the above consignment management contract, and operated and managed each of the above vehicles. The Plaintiff and D operated and managed the said vehicles in accordance with the implied agreement between both parties, without concluding a separate renewal contract even after the expiration of the entrusted management period of the instant consignment management contract.

In relation to the instant vehicle B, the Defendant did not pay KRW 6,03,60 on October 20, 201, out of the transport charges to be paid to the Plaintiff under the said contract, KRW 5,001,00, KRW 2,005, and KRW 390 on December 2, 2010, and KRW 6,003,60 on October 20, 201 to the Plaintiff. On December 20, 201, the Defendant received KRW 688,660 on the insurance contract termination refund from the insurance company of the instant vehicle from the Plaintiff.

E. The defendant is a vehicle E at the time of the conclusion of the above entrustment management contract.