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(영문) 서울서부지방법원 2016.05.10 2015가단224783
약정금
Text

1. The Defendant paid KRW 79,686,98 to the Plaintiff KRW 5% per annum from July 3, 2015 to May 10, 2016.

Reasons

1. Facts of recognition;

A. On January 11, 2012, the Plaintiff, a juristic person, engaged in automobile rental business, entered into a contract with the Defendant to operate the Plaintiff’s vehicle in the name of the Defendant’s “B branch” and to perform the duties pertaining thereto.

(hereinafter “instant contract”). The principal contents are as follows:

Article 3 [Scope of Business Performance] (1) "B (referring to the defendant; hereinafter the same shall apply)" shall operate the vehicle provided by "A (referring to the plaintiff; hereinafter the same shall apply)" and perform its duties in accordance with the foregoing, and the detailed matters shall be governed by this Agreement and the annexed agreements.

Article 5 [Business Sales, Receipt and Lending Cost] (1) The term "business sales" means sales related to the business generated by "B" in the course of performing duties by operating vehicles of "A", and other revenues, such as exemption from accidents, fines for negligence, penalties, etc., shall be excluded from the business sales.

(2) "Receipt" means the amount deposited by a customer of "B" or "B" in relation to a sales of business and the amount deposited by credit card sales to a bank account designated by "A", and excluding credit card fees.

(3) The term “vehicle Lease Costs” means the sum of the purchase prices, taxes, automobile insurance premiums, etc. and prescribed profits of the vehicle provided by “A” to “B” and recorded in the former part, which shall be settled monthly on a monthly basis, and “B” shall be paid to “A” but may be settled after deducting “A” from the payment of the fee for the performance of duties” in Article 6.

Article 6 [Fees for Performance of Duties] (1) "A" shall pay fees for the operation of vehicles and performance of duties referred to in Article 3 to "B" by the 15th of the following month, except in extenuating circumstances.

§ 7. [1] (Liability for Recovery of Purchase Claim) In relation to Article 5(1) and (2), the responsibility for Recovery of Purchase Claim shall be made "B".

(2) "A" shall be payable to "B" for more than 30 days on the purchase claim and the like.

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