(영문) 인천지방법원 2018.11.09 2018가합52616

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) 인천지방법원 2018.11.09 2018가합52616

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a truck driver, and the Defendant is a company established for the purpose of special trucking transport business, truck intermediary business, etc.

B. On July 17, 2014, the Plaintiff entered into an entrustment contract (hereinafter “instant land entry contract”) with the Defendant on the C vehicle (the name of the vehicle: the passenger truck, the annual truck: 2011; 5,200km; 4,200km; hereinafter “the instant vehicle”) under which the Defendant would contribute the said vehicle in kind to the Defendant, and transfer the external ownership of the said vehicle to the Defendant, and the Plaintiff would pay monthly admission fees to the Defendant while operating the vehicle on consignment. The main contents of the instant land are as follows.

In accordance with the relevant provisions of Articles 13 and 26 of the Trucking Transport Business Act, when entering into an entry contract between a general trucking transport business operator and a local trucking transport business operator, the contract shall be entered into between the business operator for convenience and the owner of the land as follows:

Where a vehicle is invested in kind in accordance with the business guidelines under Article 2 (Special Agreement) Trucking Transport Business Act, the Enforcement Decree of the same Act, and the Enforcement Rule of the same Act, the standards for commercial property management or accounting shall not apply, and the defendant shall have

Article 3 (Indication of Access Vehicles) The indication of access vehicles to which the plaintiff and the defendant have entered into a contract shall be as follows:

Article 4 (Entry Management Period) (1) The period of this Agreement is from July 17, 201 to July 16, 2014, and if there is no prior notification of cancellation one month prior to the expiration date, the period shall be automatically extended by two years.

(2) The defendant shall be paid admission fees for the remainder of the contract when the contract is terminated due to the plaintiff's reasons within the contract period.

3. The above paragraph (2) shall apply to the extension of contract.

Article 5 (Accounting Management) (1) The plaintiff is under the contract term.

참조조문

유사 판례

-서울고등법원 2020.01.30 2018나2067597

-서울중앙지방법원 2018.11.22 2017가합580878

-대전지방법원 2019.05.15 2017가단21470

-광주지방법원 2015.08.20 2015구합10865