(영문) 울산지방법원 2020.01.09 2019나11913

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(영문) 울산지방법원 2020.01.09 2019나11913

할부매매대금 등 청구의 소

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1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. Basic facts

A. On November 2014, the Plaintiff, as the actual owner of the “E” truck, registered in the name of D (hereinafter “instant vehicle”), entered into a cargo transport consignment agreement with C Co., Ltd. (hereinafter “C”), and was engaged in the cargo transport business. On the other hand, on November 2014, the Plaintiff employed Defendant as a driver, assigned the instant vehicle to the Defendant, and assigned the instant vehicle to the Defendant to take charge of the trucking transport, namely, the instant trucking transport, as directed and entrusted by C.

B. Around March 1, 2015, the Plaintiff and the Defendant concluded a sales contract under which the Plaintiff sells the instant vehicle to the Defendant (hereinafter “instant sales contract”).

The main contents of the instant sales contract are as follows.

A sales contract E (the current wing machine buyer): The purchaser of the Plaintiff shall sell and purchase the Defendant’s above vehicle on the following terms:

1. The vehicle price shall be KRW 130,000 (130,000) in total and shall be equal to 60 months in total each month; and

Provided, That the excess payment shall be recognized, and the amount in excess shall be subtracted from the total amount of the vehicle price.

In addition, if the equal repayment amount is unpaid due to the circumstances of the defendant, it shall be preserved with excessive payment, and the equal repayment amount shall not be unpaid for more than three months.

1. The defendant bears all kinds of taxes, insurance money, repair expenses, etc. incurred in the operation of the vehicle, and has all profits accruing from the operation of the vehicle.

1. The above contract shall not be terminated by one of the parties' notice, and shall not be terminated by the contract, and shall be subject to penalty of two million won in the event of a failure to perform the contract.

C. Around that time, the Plaintiff delivered to the Defendant a credit card in the name of D for expenditure, such as the instant vehicle and the expenses necessary for the operation of the instant vehicle.

The Defendant returned the instant vehicle to the Plaintiff on or around July 10, 2017 while transporting cargo, etc. using the instant vehicle.

유사 판례

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