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(영문) 대전지방법원 2016.05.20 2014나107503
자동차인도 등
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 67,296,744.

Reasons

. 20,000 won shall be paid to A in return for an entrustment of operation and management rights;

(A) 4) A shall pay 3,00,000 won to A and immediately return the vehicle when he/she fails to pay the rent to be paid each month, or when he/she transports the quantity of another company without complying with the Plaintiff’s dispatch and business instructions. Article 15 (Collection in Arrears) B shall not be in arrears with the expenses, etc. to be imposed on B, and when he/she fails to pay for more than 3 months, A shall be deemed to have been settled by voluntarily recovering his/her management vehicle without his/her consent and settling the amount in arrears by offsetting it. A shall be additionally obligated to pay for the shortage, even during the period of this Agreement, by mutual agreement between A and B.

2) At least one month prior to the termination of this contract, Party A may terminate the contract unilaterally without the peremptory notice of implementation with respect to any of the following:

* When Article 5 and all the obligations of Section B have been defaulted for not less than three months, Section A of Article 25 (Request for Clerks) may, in consultation with Section B, collect all other documents necessary for the management and operation of the vehicle other than this Agreement.

Article 3 (Period of Entrustment of Management) The entrusted management period of this contract shall be six years (72 months) from the date of conclusion of the contract, and at the expiration of the period, A and B shall terminate the entrustment contract and immediately transfer the vehicle to B.

However, the ownership of the vehicle south (T/E) is against A.

At the same time, Article 3(1)(recontract) (72 months) expires, A shall carry out a contract for vehicle sales to B, and B shall report acquisition to the competent tax office immediately after the acquisition of the vehicle.

Article 5 (Motor Vehicle Rent) A shall pay the daily rent of KRW 3,228,183 to A.

(Additional Tax Table). Section 16 (Adjustment of Penalty and Penalty) 1 B shall bear penalty upon termination of an implementation contract.

B The performance contract period entered into with A must be the same.

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