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(영문) 대전지방법원천안지원 2016.11.30 2015가단13108

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 2014, the Plaintiff, the Defendant, C’s contracting Plaintiff, the Defendant, and C drafted the instant contract for bus management (hereinafter “instant contract”).

(hereinafter “instant contract”). In the last part of the instant contract, the Plaintiff’s representative, the Defendant’s representative, and C’s seal are affixed to the instant contract.

In the instant contract, the principal parts relating to the instant case are as follows.

Section 1 (Purpose) The purpose of this Agreement is to operate the leased period smoothly and safely for the commuting to and from work of officers and employees of the defendant company.

Article 2 (Operation Sections and Hours), Routes, Hours shall, in principle, be the period of this Agreement from January 1, 2015 to December 31, 2015. < Amended by Presidential Decree No. 26870, Dec. 31, 2015>

Article 10 (Calculation and Payment of Amount) The calculation of the contract amount shall be determined by agreement between the plaintiff and the defendant, and shall be operated as follows:

The operation date shall be operated from the Saturday to the Saturday.

1) The three operating charges shall be KRW 12,400,000 (excluding value-added tax). 2) The Defendant shall claim monthly amount to the Plaintiff as of the last day of each month, and the Defendant shall pay the monthly amount to the Plaintiff in cash via an online deposit account in the Plaintiff’s name within the 10th day of the following month.

B. On the other hand, the Defendant is a limited partnership company D around the beginning of 2014 (hereinafter “D”).

A) In addition, D uses three buses (one bus with 45 passengers and two inter-type buses for 25 passengers) for transportation to and from work of executives and employees of Defendant Company from March 1, 2014 to February 28, 2015, and in return, the Defendant pays KRW 12,400,000 per month to D (hereinafter “contract with D”).

(2) The Defendant entered into a contract with E and E using three buses (one large bus with 45 passengers and two large bus with 25 passengers) around the beginning of 2015. In addition, the Defendant is the Defendant on March 1, 2015 to December 31, 2015. < Amended by Act No. 13218, Dec. 31, 2015>