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(영문) 서울북부지방법원 2019.06.14 2017가단143554

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) shall:

A. From August 8, 2016 to February 20, 2018, Plaintiff (Counterclaim Defendant) KRW 8,300,000 and its related amount. < Amended by Act No. 15355, Feb. 20, 2018>

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff Company entered into various agreements and operated the bus of this case) as a company conducting passenger transport business, etc. with the purpose of its business, and completed the registration of a car for the 42 passengers large bus bus van (hereinafter “instant bus”). The Plaintiff is the actual manager of the Plaintiff Company, and the Defendant is the bus driver who operated the instant bus. (2) On June 15, 2016, the Plaintiff Company entered into the said inspection bus operation contract with the EF located in Gangseo-gu Seoul Metropolitan Government (hereinafter “the instant inspection”). The Plaintiff Company entered into the said inspection bus operation contract with the contents of transporting the instant inspection to the said inspection using the designated routes of the Plaintiff Company for the instant inspection.

The detailed contents of the contract include the following important matters related to this case:

(1) A large 45 passenger bus shall be a shuttle bus with a vehicle shipped for not more than two years with a good condition as one.

(2) The above operating fee shall be 350,000 won per day (including the amount equivalent to the value-added tax) and (3) The term of contract shall be one year, but it shall be automatically extended for one year under the same conditions unless written notification to the other party to renew the contract is provided by one month prior to the end

3) Meanwhile, around August to September 2014, Plaintiff Company entered into a contract for the operation of the instant bus orally with the Defendant and agreed on the specific details of the contract as follows (hereinafter “instant bus operation contract”). ① As to the profits accrued from the business of Plaintiff Company, the Defendant shall be paid an incentive according to the profits, and there is no part to be borne by the Defendant regarding the damages.

② In other words, profits from the bus operation of the instant case shall accrue to the Plaintiff Company once, and the remainder after deducting the expenses, such as the installment for the vehicle, four major insurance premiums, repair expenses, and oil expenses, shall be paid to the Defendant.

(3) The defendant and the third party.