손해배상(기)
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
B. Around June 3, 2016, the Defendant advertised 2.5 tons of the 2.5 tons of air conditioning vehicles on the website of the vehicle information. The Defendant advertised the following solicitation advertisements.
Recruitment advertising leave site: tightly operated section: populated - Monthly delivery working hours at each residence: 24:00-00 to 08: Monthly pay for retirement of 3.8 million won: 46 million won in total, other * 24:00,000 in smuggling center 24:00 on a regular basis.
* The fixed courses in the direction of the place of residence are located.
* The delivery office is a corporate cafeteria.
* At Gyeong-do, Gyeong-do, Chungcheongnam-do, Ulsan, Daegu, Jin-ju, and Tong-young.
On June 30, 2016, the Plaintiff reported the above recruitment advertisement to the Defendant, and the Defendant agreed to transfer the vehicles listed in the separate sheet (hereinafter “instant vehicle”) to the Plaintiff as of June 30, 2016, and entered into an entrustment contract for transportation business (hereinafter “instant entrustment contract”) with respect to the instant vehicle as follows, and entered into an entrustment contract for transportation (hereinafter “instant transportation contract”) with the following terms and conditions related to transportation business:
Article 2 (Motor Vehicle Forwarding and Vehicles subject to Entrustment) (1) A (the “Defendant” of this case refers to the “Plaintiff” of this case; hereinafter the same shall apply) shall entrust B with the management of transportation business for the instant vehicle invested in kind by B (the “Plaintiff” of this case).
Article 3 (Term of Contract and Renewal) (1) The term of validity of this contract shall be two years (two years or more) from the date of conclusion, and the same content shall be deemed automatically extended unless A or B expresses his/her intention to terminate the contract at the expiration of the term.
Article 5 (Payment of Money and Claims) (1) B shall pay to A the management expenses of KRW 220,000 (Additional Tax) by the first day of each month in return for the vicarious performance of transportation business, such as the whole administration of A.
Article 7 (Management and Operation of Vehicles) (2) B shall independently manage and operate the vehicle.