(영문) 서울중앙지방법원 2020.01.15 2018가단5260292

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(영문) 서울중앙지방법원 2020.01.15 2018가단5260292

손해배상(기)

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1. The Plaintiff (Counterclaim Defendant)’s claim against the Defendant (Counterclaim Plaintiff) shall be dismissed.

2. The plaintiff (Counterclaim defendant) is the opposing defendant.

Reasons

Basic Facts

A. Defendant C is a company with the purpose of general trucking transport business, trucking transport business, logistics-related service business, automobile leasing and sales business, etc., and Defendant D is serving as the representative director of Defendant C from March 31, 2014 to March 31, 2014.

B. On October 6, 2018, Plaintiff A purchased a dump truck from Defendant C for F to KRW 128,000,000 (hereinafter “instant vehicle”). Plaintiff A and Defendant C entered into a contract on vehicle management with the same day (hereinafter “instant contract”).

Article 2 (Indication of Vehicles under Entrustment Contract) The plaintiff A shall be entrusted with the motor vehicle in kind to the defendant C in accordance with the following special provisions and Article 13 of the General Freight Trucking Services, and the defendant C shall entrust the plaintiff A with the operation and management right of the cargo transportation services for the motor vehicle.

Article 3(Entrusted Management Period) G on September 25, 2010. 1. Entrusted Management Period of this Agreement shall be five years.

2.The contract management period shall be from the date of conclusion of the contract to the date of termination by both consultations, and the joint and several sureties shall also be responsible for this Section.

6.The plaintiff cannot return the vehicle before full payment of the installment of the vehicle is made, and in cases where it is inevitable to return it for personal reasons, the plaintiff shall succeed to the third party and the costs of the return shall be borne by the plaintiff A.

Article 4 (Replacement due to substantial owner and Loss of Vehicles) 1.The plaintiff A shall bear all the costs incurred from the vehicle as the actual owner of the vehicle.

Article 5 (Entrustment Management Expenses) 1. The plaintiff shall pay 6% (VAT separate) of the monthly sales of the management expenses to the defendant C by the 45th day after the close of each month in return for the operation and management right.

2.The monthly admission fee shall be KRW 350,000 (VAT Map).

Article VIIMotor Vehicle Management, Operation and Management.

유사 판례

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