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1. All of the appeals filed by the Defendant (Counterclaim Plaintiff) and the selective counterclaim claims added in the trial are dismissed.
2. Appeal;
Reasons
1. The scope of this court’s trial at the first instance court, the Plaintiff filed a claim for the unpaid rent in the principal lawsuit, a claim for restitution of unjust enrichment equivalent to the unpaid rent, a claim for vehicle repair expenses, and a claim for damages equivalent to the rent and management expenses that are excessive as a counterclaim, and a claim for damages equivalent to the transport charges that have been acquired by deceit. The Plaintiff’s principal claim and the Defendant’s counterclaim were all dismissed, and the Defendant’s claim for a counterclaim was subsequently dismissed, and only the Defendant voluntarily added the claim for a return of unjust enrichment while reducing the claim for a counterclaim in the first instance trial after filing an appeal. Thus, the claim for a return of unjust enrichment and the claim for a return of unjust enrichment within
2. Basic facts
A. On February 28, 2013, the Plaintiff entered into an entrusted management contract and performance contract (hereinafter “instant contract”) with the Defendant with respect to the vehicles listed in the separate sheet owned by the Plaintiff (hereinafter “instant vehicle”). The Defendant issued to the Plaintiff each of the following contents (hereinafter “each of the instant letters”).
In entrusting the management of the freight trucking services to a person who is not a trucking business operator pursuant to Article 27 (2) of the Freight Trucking Services Act and relevant Acts and subordinate statutes, a trucking business operator shall enter into an entrustment management contract between the truster (hereinafter referred to as "A") and the defendant (hereinafter referred to as "B") as follows:
Article 3 (Period of Entrustment of Management) The entrusted period of this contract shall be one year from the date of conclusion of the contract, and shall be deemed automatically extended once a year except in extenuating circumstances between A and A at the expiration of the period.
Article 5 (Entrustment Management Fee) The monthly management fee of KRW 220,000 shall be paid to A in return for the entrustment of operation and management rights.