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(영문) 인천지방법원 2017.06.20 2015가단41090
부당이득반환등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 22, 2014, the Defendant operating a chartered bus business, etc. completed the registration of the owner in the name of the Defendant as to the large passenger bus B (nick bus; hereinafter “instant vehicle”).

B. On November 15, 2014, the Plaintiff entered into a vehicle operation contract with the Defendant with respect to the instant vehicle (hereinafter “instant operating contract”), and the main contents are as follows.

Vehicle information in the vehicle operation contract: 145,00,000 monthly installments of KRW 155,00 at the time of purchase: 145,00,000,9.9% 3,073,000, and 60-month B (registration on July 5, 2012) registration and the period of operation of vehicles covered by insurance (designated company painting): November 15, 2014

1. In concluding the above contract, the Plaintiff pays 10,000,000 won to the Defendant, and the vehicle is divided into 145,000,000 won by 60 months.

Provided, That the value-added tax shall be the period during which the other company has paid the value-added tax of KRW 10,00,000 in time of war under mutual agreement without any claim, such as the registration fee, acquisition fee, partnership fee, etc.

The instant vehicle shall be operated exclusively for the plaintiff, and the state of cleanliness and regular inspection and management of the vehicle shall be the plaintiff.

2. The plaintiff gives up all his/her authority over the vehicle in arrears for at least five months due to the operation of the vehicle and the shortage of the day, and without any condition, return the vehicle to the defendant.

3. Service facilities attached to vehicles shall be maintained until the operation of the vehicle is completed.

(Motor complexes, sound facilities, indoor decorationss, convenience facilities, etc.)

4. Subject to the condition that the Plaintiff shall submit more than KRW 2,00,000,00 in the office as if it were against the office, the automobile management expenses shall be deducted, and the Defendant shall pay the vehicle installment paid by the Plaintiff without being sealed on the 20th day of each month.

5. The Plaintiff must always bear KRW 3,300,000,000 for the route vehicle expenses of the service route in the B&B station that is designated by the Defendant to work in Korea, and the other affairs do not result in the Defendant’s participation.

6. Vehicle expenses, insurance premiums;

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