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(영문) 서울중앙지방법원 2019.08.28 2018가단5165618
운송료
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a juristic person established for the purpose of cargo transportation services, etc., and D or E (hereinafter "D or E") is a juristic person established for the purpose of document crushing business, etc., and the defendant supplied D with a strawing vehicle for document crushing and traded D in the form of paying service fees to the defendant.

B. (1) On December 17, 2014, Plaintiff B entered into a cargo transport service contract with the Defendant with the content that: (a) the said vehicle is fixed to D for a period of five years (not later than December 16, 2019); (b) monthly 6,820,000 won; (c) food expenses of KRW 120,000; and (d) the express highway tolls should be separately paid; and (b) on July 27, 2015, Plaintiff B paid KRW 250,000 to the Defendant for the management expenses of the said vehicle; and (c) the Plaintiff entered into a cargo transport service contract with the Defendant to bear the expenses incurred in managing the vehicle, such as the vehicle failure, repair, liquor, taxes and public charges; (d) monthly 6,820,000 won; and (e) monthly 25,000 won for the said vehicle; and (e) monthly 305,000,000 won for the said vehicle.

In addition, on August 26, 2015, Plaintiff A and the Defendant comprehensively delegated the entire operation rights of the above vehicle by the Defendant, and paid KRW 200,000 to the Defendant for the management expenses of the above vehicle. In addition, Plaintiff A and the Defendant bear the expenses incurred in vehicle management, such as vehicle failure, repair, oil supply, taxes and public charges, insurance premium, penalty surcharge, mutual aid money, etc.

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