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(영문) 인천지방법원 부천지원 2021.01.13 2020가합100498

손해배상(기)

Text

The plaintiff's claim is dismissed.

Costs of lawsuit shall be borne individually by each person.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are companies engaged in the waste collection and transportation business, etc.

B. On June 2019, the Plaintiff purchased each vehicle listed in the separate sheet (hereinafter collectively referred to as “instant vehicle”) and entered into an entrustment contract for trucking transport business (hereinafter “instant contract”) with the Defendant around July 2019.

The main contents of the instant contract are as follows.

Article 3 (Period of Contract and Renewal) ① The term of validity of this contract shall be three years (not less than two years) from the date of conclusion, and the contract shall be deemed automatically extended unless the defendant or the plaintiff expresses his/her intention to terminate the contract at the expiration of the term.

Article 5 (Advance Payment, Claims, and Obligations) ① In return for the performance of the management affairs of transportation business by the defendant's overall administration, etc., the plaintiff shall pay the management expenses of KRW 500,000 (a separate value-added tax) to the defendant by the end of each month.

(2) The defendant shall immediately issue a tax invoice for the value-added tax on the management expenses paid by the plaintiff.

(3) In running a trucking transport business, the Plaintiff shall register the business in his name and at his own expense as prescribed by the relevant Acts and subordinate statutes.

Article 7 (Management and Operation of Vehicles) (1) The defendant shall notify the plaintiff without delay of all matters related to the administrative instruction of the competent authority and the management and operation of the vehicle, and shall notify the payment date of taxes, public charges, insurance premiums, administrative fines, penalty surcharges, various fines, etc. to the plaintiff in advance.

(2) The plaintiff shall manage and operate his/her own vehicle, and shall faithfully implement and pay all acts and expenses (such as failure, repair, oil supply, etc. of a vehicle), taxes, public charges, insurance premiums, etc. related to the management and operation of the vehicle.

(3) The plaintiff shall operate and manage vehicles in good faith in compliance with all laws, regulations, and administrative instructions, and shall faithfully perform the regular inspection, maintenance inspection, etc. of vehicles.