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(영문) 인천지방법원 2016.08.11 2016가단6711
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 26, 2013, the Plaintiff and the Defendant entered into an entrustment management contract with respect to a motor vehicle, the registration number of which is C (hereinafter “instant truck”) with the content that the owner of the instant motor vehicle was entrusted to operate and manage its own operation and management right by the Defendant on his/her own account and that the Plaintiff would bear management fees, taxes, and public charges (hereinafter “instant entrustment management contract”), and the principal contents of the said contract (Provided, That “A”, “B”, and “B” refer to the Plaintiff) are as follows:

Article 3 (Period of Entrustment Management) The period of entrusted management of this contract shall be two years from the date of conclusion of the contract, and the contract shall be renewed by giving priority to the B, except in extenuating circumstances.

Article 5 (Entrustment Management Fee) (1) B shall pay 250,000 won (excluding surtax) monthly management fees to A in return for the entrustment of operation and management rights.

Article 6 (Management of Vehicles) (1) B shall bear all expenses incurred in the management and operation of vehicles, such as breakdowns, repairs and oil supplies, taxes and public charges, and insurance premiums, after taking over the vehicle.

Article 10 (Inspection, Inspection, etc.) A person shall operate and manage the vehicle in good faith by complying with all relevant Acts and subordinate statutes and administrative instructions, and in particular, carry out the continuing inspection, maintenance inspection, etc. of the vehicle in good faith.

Article 11 (Minor Fine) B shall bear the amount of punishment for violation of Acts and subordinate statutes and administrative measures following the operation of a vehicle and the loss caused thereby to A.

Article 13 (Registration of Business) B shall, while engaging in transportation business using vehicles, obtain business registration prescribed by tax-related Acts and subordinate statutes in the name of B, and take a book of tax affairs.

Article 16 (Cancellation of Contract) (1) Even during the term of this contract, the term of this contract may be terminated by mutual agreement between A and B.

(2) In any of the following cases, "A" may unilaterally cancel the contract without a peremptory notice of performance:

1.Articles 5 and 5.

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