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(영문) 서울고등법원 2017.11.17 2016나2039925
채무부존재확인
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) is modified as follows.

Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. The party status 1) Defendant B Co., Ltd. (hereinafter “Defendant B”)

Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company operating cargo transport business, etc.

(2) Defendant B and Defendant C are the same as the principal office and the representative director, and are operated as one company. (2) The Plaintiff is a person who invested in kind the cargo vehicles listed in the attached Table (hereinafter “instant cargo vehicles”) and entered into an entrustment contract with Defendant C as follows.

B. On April 6, 2015, the Plaintiff entered into an entrustment contract with Defendant C without setting the entrusted management period around April 16, 2015, with employees D of Defendant B and the Plaintiff, to purchase cargo vehicles, invested in kind in Defendant B, and the said Defendant entered into an entrustment contract with the said Plaintiff. (2) The Plaintiff entered into the entrustment contract with Defendant C without setting the entrusted management period around April 16, 2015. The main contents are as follows.

(hereinafter “instant consignment contract”. However, there is a dispute as to whether to conclude the consignment contract between the Plaintiff and the Defendant C. Article 4 of the instant consignment contract

1. The Plaintiff shall contribute the instant cargo vehicle to Defendant C in kind.

2. Defendant C should entrust the Plaintiff with the substantial management of the instant cargo vehicle.

Provided, That administrative management shall be in charge of defendant C.

Article 5 (Management Fees, etc.)

1. The Plaintiff shall pay Defendant C all the expenses, such as management fees for the administrative management of the vehicle by Defendant C.

2. The plaintiff shall pay the management fee for the above vehicle to the defendant C by the end of each month.

Article 6. The plaintiff shall take over the vehicle and all other expenses incurred in the management of the vehicle, such as breakdowns, repair and oil, taxes and public charges, insurance premiums, etc.

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