(영문) 서울고등법원 2020.01.30 2018나2067597

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(영문) 서울고등법원 2020.01.30 2018나2067597

부당이득금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a truck driver, and the Defendant is a company established for the purpose of special trucking transport business, truck intermediary business, etc.

B. On July 17, 2014, the Plaintiff entered into an entrustment contract (hereinafter “instant land entry contract”) with the Defendant on the C vehicle (the name of the passenger truck, the tobacco truck, the tobacco truck: 2011; 5,200 km; and the chassis number: D), under which the said vehicle is invested in kind in kind to the Defendant, the ownership of the said vehicle externally belongs to the Defendant, and the Plaintiff is obliged to pay monthly rent to the Defendant while operating the vehicle on consignment. The main contents relating to the instant land are as follows.

In accordance with the relevant provisions of Articles 13 and 26 of the Trucking Transport Business Act, when entering into an entry contract between a general trucking transport business operator and a local trucking transport business operator, the contract shall be entered into between the business operator for convenience and the owner of the land as follows:

Where a vehicle is invested in kind in accordance with the business guidelines under Article 2 (Special Agreement) Trucking Transport Business Act, the Enforcement Decree of the same Act, and the Enforcement Rule of the same Act, the standards for commercial property management or accounting shall not apply, and the defendant shall have

Article 3 (Indication of Access Vehicles) The indication of access vehicles to which the plaintiff and the defendant have entered into a contract shall be as follows:

Article 4 (Entry Management Period) (1) The period of this Agreement is from July 17, 2014 to July 16, 2016, and if there is no prior notification of cancellation one month prior to the expiration date, the period shall be extended automatically for two years.

(2) The defendant shall be paid admission fees for the remainder of the contract when the contract is terminated due to the plaintiff's reasons within the contract period.

3. The above paragraph (2) shall apply to the extension of contract.

Article 5 (Accounting Management) (1) The Plaintiff is responsible for the management right granted by the Defendant during the term of the contract.

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유사 판례

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