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(영문) 인천지방법원 2018.04.19 2017가단209449

손해배상(기)

Text

1. The defendant Gwangju ELS Co., Ltd. is the 13,172,898 won against the plaintiff A, and the defendant COS Co., Ltd. is the 2.

Reasons

1. Basic facts

A. The Plaintiffs are affiliated borrowers who run the business upon entrustment by the freight trucking services, and the Defendants are affiliated companies that run the freight trucking services.

B. On June 16, 2014, Plaintiff B entered into a truck consignment management agreement (hereinafter “each of the instant consignment management agreements”) with Defendant CFS Co., Ltd. (hereinafter “Defendant CFS”) on September 25, 2014 with respect to the instant truck, and the Plaintiff A entered into a truck consignment management agreement (hereinafter “each of the instant consignment management agreements”).

In partially entrusting the management of trucking transport business pursuant to the relevant provisions, such as Articles 26 and 40 of the Trucking Transport Business Act, the following consignment management contract is concluded between the truster defendants (hereinafter referred to as "A") and the trustee plaintiffs (hereinafter referred to as "B").

Section 3 (Period of Entrustment Management) This Agreement shall be from the date of conclusion to the time when the registration of the vehicle concerned is cancelled, but if one of the parties A and B has an objection, it shall be notified in writing and if the contract is terminated after the period of 15 days has elapsed, it shall be deemed that the period of this Agreement has expired simultaneously with the transfer.

Provided, That when terminating within three years, it is agreed that the penalty for the remaining period (monthly management fee x the remaining period) shall be paid A.

Article 5 (Management Fees) (1) A shall pay A fees for vehicle management falling under the following as of the end of each month in return for the entrustment of the operation and management rights.

▣ 5톤 이하 15만 원(부가가치세 별도) 제6조(차량의 관리) 을을 차량을 인수한 후 고장 수리 및 주유, 제세공과금, 보험료 등 차량관리운영에 필요한 일체의 비용을 부담한다....