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(영문) 대전지방법원천안지원 2019.02.12 2018가단109468
운송료
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 2016, C Co., Ltd. entered into a vehicle leasing contract (hereinafter “instant commuting contract”) with the Defendant, whereby the Defendant would operate one large bus and one medium bus to take charge of transporting C Co., Ltd.’s employees to and from work place D at the time of the Sinjin-si of C Co., Ltd. (hereinafter “instant commuting contract”), and the main contents are as follows.

Article 2 of the Motor Vehicle Lease Contract (B) : The "B" (Defendant) shall take charge of the transportation of one large-scale bus under his/her own jurisdiction, one medium-type bus from the chick, Sick, and Ansan to the D workplace, of the employees of the company and the transportation of commuting to his/her workplace.

Article 3:In the case of departure and retirement operation, it shall be from 4 times a day to D business places on a basic four occasions a day, from 4 times a day to D business places, from 4 times a day to D business places a day, to 2 times a day, excluding Sundays based on the base departure and leave, and additional operations shall be separately requested under each other, except for basic departure and leave.

Article 4:Period of lease shall be two years from March 1, 2016 to February 29, 2018.

In addition, the contract term is automatically extended every two years without a separate notice after the contract term expires.

Section 7:The above-mentioned car rental fee shall be 50,000,000 won per day ( 9,500,000) by VAT.

B. On February 2, 2016, the Plaintiff entered into a vehicle lease agreement with the Defendant with respect to one of the used buses, and the Plaintiff, using one of the used buses, intended to operate under the instant transit contract by using one of the used buses, and was in charge of commuting to and from work by using one of the used buses from March 2016 to June 2017.

C. The Defendant calculated the transportation fee of KRW 9,50,000 per month (vehicle rental fee) paid by C Co., Ltd. according to the instant commuting contract as KRW 4 million per month, and calculated the transportation fee of KRW 9,500,000 per month from the above transportation fee to the Plaintiff every month, which adjusted the traffic control telecommunication fee, four-party insurance premium, bus mutual aid insurance premium, and management fee.

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