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(영문) 대전지방법원 2018.01.26 2017가단6778
미지급대금 및 손해배상대금
Text

1. Defendant A Co., Ltd.: (a) KRW 47,324,11; and (b) KRW 6% per annum from March 31, 2017 to January 26, 2018.

Reasons

1. Basic facts

A. The Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) are companies that establish their respective chartered bus transportation business, etc., and Defendant B is the representative of the Defendant Co., Ltd.

B. On May 16, 2016, the Plaintiff entered into an oral agreement on the lease of a foreign chartered bus with the Defendant Company (hereinafter “instant agreement”). The main content of the instant agreement is that the Plaintiff provided, at the request of the Defendant Company, a foreign travel bus that the Defendant Company received from the travel company, and operated. The Defendant Company pays the remainder of the amount calculated by deducting 10% of the commission from the sales amount of the bus operation, as the bus rent, to the Plaintiff.

C. Pursuant to the instant agreement, the Defendant Company was provided with a chartered bus from the Plaintiff from May 2, 2016 to December 2, 2016, and operated the chartered bus from the Plaintiff, and was paid KRW 18,693,549 of the bus rent for June 22, 2016 on September 26, 2016, KRW 19,841,357 of the bus rent for July 2016, and KRW 37,159,089, KRW 26,589, and KRW 26,369, and KRW 3686,00 on September 25, 2016 to the Plaintiff, some of the rent for the bus on August 25, 2016, KRW 16, KRW 37,159,089, KRW 207, KRW 16,366,00 on June 16, 2016, KRW 2017.

There was a dispute between the Plaintiff and the Defendant regarding the delayed payment of bus rents of Defendant Company from the end of 2016, and no bus lease under the instant agreement was made after December 2016.

[Reasons for Recognition] Facts without dispute, entry of Eul Nos. 1, 2, and 4 (including virtual numbers), the purport of the whole pleadings

2. Determination as to the claim against the defendant company

A. Defendant 1’s determination as to the claim for unpaid rents on December 2016.

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