부당이득금반환 등
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, respectively.
1. Facts of recognition;
A. The Defendant is a corporation established on March 9, 201 and established on March 9, 201 for the purpose of the domestic tourist travel brokerage business, chartered bus transportation business, etc.
B. On December 10, 2012, the Plaintiff C is the FV bus owned by the Defendant on December 10, 2012 (FF vehicle if it is necessary to separately name it; hereinafter the same shall apply).
(2) On April 16, 2013, Plaintiff D entered into an agreement with the Plaintiffs to operate each of the instant vehicles using the Defendant’s transportation business license under Article 4 of the Passenger Transport Service Act (hereinafter “instant agreement”) with respect to G chartered buses owned by the Defendant (hereinafter “G vehicle”) on April 16, 2013, under which the Plaintiffs operated each of the instant vehicles using the Defendant’s transportation business license under Article 4 of the Passenger Transport Service Act, after deducting management expenses, etc. from the revenues received by the Defendant and paying operating fees to the Plaintiffs (hereinafter “instant agreement”).
3) Until August 7, 2016, Plaintiff C used the instant vehicle to operate the instant vehicle until September 30, 2016, and Plaintiff D engaged in the bus transport business arranged by the Defendant. 4) The Defendant did not pay Plaintiff C the total operating fee of KRW 6,153,70 on July 2016 and August 2016, 2016, and KRW 18,197,165 on September 30, 2016 to Plaintiff D, respectively.
(Attachment 1) [Attachment 1] [Attachment 1] / [Attachment 8] / [Grounds for Recognition] / Without dispute between the parties, Gap evidence Nos. 8 through 10 (including various numbers; hereinafter the same shall apply), Gap evidence No. 12-2, Eul evidence No. 3, and No. 4-1, respectively, and the purport of the whole pleadings.
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff C the operating fee of KRW 6,153,770 under the contract of this case, and KRW 18,197,165 to the Plaintiff D, as well as damages for delay.
3. Judgment on the defendant's assertion
A. The Defendant’s assertion 1 of this case is the instant contract.