미지급금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. Facts of recognition;
A. The Defendant has been running business such as automobile rental business, automobile maintenance business, etc., and transportation vehicle rental business such as manufacturing costs for broadcasting and auxiliary contributors.
B. Around October 2006, the Plaintiff agreed with the Defendant to register the Plaintiff’s vehicle under the name of the Defendant, purchased the B Costaex vehicle and registered it in the name of the Defendant, and the Plaintiff operated and managed the vehicle, while operating and managing the vehicle, was receiving the fare from the Defendant while engaging in transportation for broadcasting photography at the Defendant’s request.
C. From October 2006 to February 2015, the Defendant paid to the Plaintiff the amount calculated by deducting KRW 100,000 per month from the fare.
[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination
A. The Plaintiff asserts that the Defendant should pay the fare of KRW 100,000 per month by deducting the monthly fare of KRW 100,000,000.
In this regard, the defendant asserts that there is no obligation to pay the fees after deducting the fees according to the entering into an oral contract.
In this case, in view of the fact that externally and externally transfer the name of the vehicle owned by the plaintiff to the defendant, and the plaintiff operated and managed the vehicle individually and operated the transportation business at the defendant's request, it is determined that the contract was concluded implicitly between the plaintiff and the defendant.
Furthermore, it is reasonable to view that there was an agreement between the Plaintiff and the Defendant to pay the rent of KRW 100,000 per month, impliedly, in light of the fact that the land owner and the Defendant would normally pay a certain amount of management expenses to the land owner company, and that in this case, the Defendant would have deducted the fixed amount of KRW 100,000 per month from the freight to be paid to the Plaintiff for not less than eight years.
As to this, the plaintiff is included in the joining contract.