(영문) 서울중앙지방법원 2018.12.12 2018나22281

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.12.12 2018나22281

부당이득금

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. In the first instance court’s trial scope, the Plaintiff claimed restitution against the Defendant Company B (hereinafter “Defendant Company”), which caused the rescission of the contract, against the Defendants for compensation for property damage caused by tort, and the court of first instance partly accepted the claim for consolation money against the Defendant C, and dismissed the claim against the Defendant Company and the remainder of the claim against the Defendant C, respectively.

The Defendants did not appeal against this, and the Plaintiff appealed only to the claim for restitution due to the cancellation of the contract against the Defendant Company and the claim for damages arising from illegal acts against the Defendant Company C, so this Court’s judgment is limited to the claim for restitution against the Defendant Company and the claim for damages arising from illegal acts against the Defendant Company C.

2. Facts of recognition;

A. On July 1, 2015, the Plaintiff entered into an entrustment management contract (hereinafter “instant contract”) with the Defendant Company on the instant truck owned by the Defendant Company (hereinafter “instant truck”). The instant contract includes the instant truck sales contract and the instant cargo sales contract.

According to the above sales contract, the Plaintiff purchased the freight of this case from the Defendant Company, and paid to the Defendant Company the sales amount of the freight of this case in installments in 2.5 million won per month for 36 months. Under the above payment contract, the Defendant Company entrusted the Plaintiff with the management of the transportation business using the freight of this case, and paid the Plaintiff the remainder transportation fee, which deducts the installment payment, management expenses, various public charges, etc. of the freight of this case from the five day per month transportation fees, and the Plaintiff paid the Defendant Company an entrusted management fee (including value added tax) in 220,000 won per month.

B. After the conclusion of the instant contract, the Plaintiff raised objection.

유사 판례

-인천지방법원 2014.08.14 2013가합15780

-대법원 2020.2.27.선고 2019다285837 판결

-수원지방법원 2019.08.14 2018가단545682

-서울고등법원 2015.04.29 2014나17789

-서울남부지방법원 2018.12.13 2017가단240209