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(영문) 서울중앙지방법원 2017.01.20 2016가합534267
임금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Basic Facts

The defendant is a company established for the purpose of driving school business, etc. and is operating the "G Fishery Research Institute" in Gangnam-gu Seoul Metropolitan Government F (hereinafter referred to as the "instant private teaching institute").

Plaintiff

A from November 26, 1997, Plaintiff B from March 16, 2006, Plaintiff C from March 2, 201, Plaintiff D from March 2, 201, and Plaintiff D from March 16, 201, enter into a vehicle consignment contract with the Defendant and left their vehicles to the Defendant for the attending of the instant private teaching institute students.

The Plaintiffs, around March 1, 2014, entered into a vehicle consignment agreement with the Defendant, and the main contents thereof are as follows:

(1) The purpose of Article 2(1)(a) of the Act is to provide that “A”, a driving school business entity, shall entrust the transfer of a student using a vehicle to “B” who is the owner of the vehicle, and “A” shall pay the price for the entrustment of transport to “B”.

Article 4 (Scope of Entrustment Contracts) (1) The terms and conditions of the Entrustment Contracts include the performance of duties to transport the students of “A” by using the vehicles provided by “B” on the hours of operation and routes agreed upon.

(2) The route zone shall be the driving route zone, and the operating hours shall be the operation at the time of a private teaching institute, a school, etc. and the operation at the time of intersection (the operation of a driving school shall be reported once to the

운행시간표는 ‘갑’의 수업 스케쥴 등을 감안하여 정하되, 특별한 경우에는 ‘을’과 협의하여 정할 수 있다.

(3) "B" may change the place and time of boarding in consultation with the parents, in consideration of the convenience and safety of students enrolled in a school.

In such cases, prior notice should be given to “A” in advance.

Article 5 (Qualifications for Trustee) (1) "B" shall be permitted to carry on commercial transport with the owned vehicle of "B" or shall be insured with a special agreement for commercial transport.

Article 6 (Expenses for Entrustment of Transportation) (1) "A" shall provide transportation services.

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