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(영문) 서울서부지방법원 2017.05.18 2016나36533
보증금및급여
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) exceeding the amount ordered to be paid below.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. A. Around August 2015, the Defendant: (a) was a legal entity that engages in cargo transport business; (b) around August 2015, with respect to the Defendant’s business of transporting Seoul milk products (hereinafter “instant transport business”); (c) on the condition that the Defendant’s business of transporting the 2007-type 1 ton of freezing truck owned by the Defendant KRW 16 million (hereinafter “instant sales advertisement”); and (d) on the condition that the Defendant’s business of transporting the 2.6 million monthly salary (hereinafter “instant sales advertisement”).

B. The Plaintiff requested the Defendant to wear the freight cars owned by the Plaintiff (B; hereinafter “instant freight cars”) instead of purchasing the said cars owned by the Defendant with respect to the transportation of the instant sales advertisements.

Accordingly, on September 4, 2015, the Plaintiff entered into an entrustment contract with the Defendant (hereinafter “instant land entry contract”) with the terms and conditions of leaving the instant truck as follows, and transferred KRW 5 million to the Defendant on September 11, 2015 (hereinafter “instant KRW 5 million”).

Article 2 (Motor Vehicle Owners and Entrusted Vehicles) (1) A (referring to the defendant; hereinafter the same shall apply) shall entrust the management of transportation business to the following vehicles (B, 2015 Form) invested in kind by B (referring to the plaintiff; hereinafter the same shall apply).

(2) Where a vehicle is invested in kind under an entrustment contract, A shall state B as an investor in kind in the vehicle register under the Motor Vehicle Management Act.

Article 3 (Period of Contract and Renewal) (1) The term of validity of this contract shall be two years (at least two years) from the date of conclusion, and the same content shall be deemed to have been automatically extended unless A or B expresses his/her intention to terminate the contract at the expiration of the term.

Article 5 (Monetary Payment and Obligation Obligation) (1) B shall pay management expenses of KRW 170,00 (monthly standard and Additional Tax Table) to A by the day of each month in return for the vicarious performance of transportation business, such as the overall administration of A.

(4) A shall enter into a contract.

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