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(영문) 대전지방법원 2014.11.05 2014가단205185
손해배상(기)
Text

1. On September 3, 2014, the Plaintiff (Counterclaim Defendant) on an automobile indicated in the separate sheet from the Defendant (Counterclaim Plaintiff).

Reasons

1. The principal lawsuit and counterclaim shall be deemed to be combined;

A. On January 30, 2013, Plaintiff B entered into an entrustment management contract (hereinafter “instant contract”) with the Defendant with respect to the motor vehicles indicated in the separate sheet of motor vehicle (hereinafter “instant motor vehicle”). The key contents are as follows.

Plaintiff

A, on the same day, jointly and severally guaranteed all obligations owed by the Plaintiff B to the Defendant in accordance with the instant contract.

1) Purpose - The Defendant, who is a motor vehicle transport business operator, is a contract to entrust the management of the trucking transport business to the Plaintiff B, who is not a motor vehicle transport business operator, and the Plaintiff B, in order to entrust the management of the motor vehicle registered under the name of the Defendant, pays in advance the sum of the purchase of the motor vehicle and all expenses for the vehicle with the deposit and take over the vehicle (Article 4(1)2) - The entrusted management period of one year (in the absence of special circumstances, one year shall be deemed to be extended every one year, and Article 3) management expenses, etc. - The Plaintiff B shall pay 246,000 won per month to the Defendant for the entrusted management and operation of the motor vehicle (Article 5(1)), and the Plaintiff B shall bear all expenses necessary for the management and operation of the motor vehicle (Article 6(1)4). The Defendant may terminate the instant contract where the Plaintiff B fails to pay or refuses to pay for more than three months the management expenses to be paid

(16 (2) 5) and 16 (2) 5) - When the contract of this case is terminated, the plaintiff B shall take over the vehicle in his name after paying the defendant the unpaid matters (such as management expenses, etc.) to the defendant, (2) the vehicle number tickets are returned within one week, and (3) the vehicle shall be transferred in his name after discharging all the expenses incurred in the vehicle takeover, depreciation costs, introduction fees,

B. From the conclusion of the instant contract to September 2013, Plaintiff B operated the instant vehicle under the Defendant’s direction on board the instant contract, and from the Defendant.

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