손해배상(기)
1. Defendant B and the Defendant (Counterclaim Plaintiff) C jointly share with the Plaintiff (Counterclaim Defendant) to KRW 1,00,000,000.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation established for the purpose of trucking transport business, etc., and its actual manager is D, and Defendant C, the present representative director, is the wife of D.
B. On October 5, 2012, the Plaintiff was employed as a driver directly operated by the Defendant Company, and purchased from D, January 3, 2013, E Hyundai 4.5 tons of a vehicle owned by the Defendant Company (hereinafter “instant vehicle”) from D for KRW 32,00,00,000. The Plaintiff received a loan from the Korean Capital Co., Ltd. to a vehicle in the name of the Plaintiff, and paid the full amount of the purchase price to D, and at the time, Defendant C guaranteed the Plaintiff’s obligation to pay the installment for the vehicle.
C. On January 8, 2013, the Plaintiff made an agreement between the Defendant Company and the Defendant Company to pay KRW 160,000 per month to the Defendant Company when the Plaintiff entered into a cargo transport operation entrustment contract (hereinafter “instant land transfer contract”) under which the Plaintiff invested in kind the instant vehicle in the Defendant Company and the Defendant Company entrusted the Plaintiff with the right to operate and manage the instant vehicle’s cargo transport services. On the same day, the Plaintiff agreed to pay KRW 160,000 per month entry fees to the Defendant Company. On the same day, the Defendant Company provided that “The Defendant Company shall arrange for the Plaintiff to transport, arrange for the books and receive money on behalf of the Plaintiff, and the Plaintiff shall pay KRW 200,00 per month to the Defendant Company, and the Defendant Company shall pay the Plaintiff the amount after deducting the automobile replacement, repair expenses, insurance premium, vehicle maintenance expenses, and management expenses from total sales.”
The Plaintiff, while engaging in cargo transportation services according to the instant land entry agreement, was hospitalized due to the lack of health around June 2013 while running the instant cargo transportation services. In the situation where the instant vehicle cannot be operated, the Plaintiff is liable to pay only the installment of the vehicle.