(영문) 서울남부지방법원 2019.07.12 2018가합100206

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(영문) 서울남부지방법원 2019.07.12 2018가합100206

미수금 청구의 소

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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 176,481,269 and the interest rate thereon from February 27, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On July 2007, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) for vehicle operation and business support (hereinafter “instant contract”) with the content that the Defendant Company carries out the lending business using a vehicle owned by the Plaintiff, and at that time, the Defendant C jointly and severally guaranteed the obligation owed by the Defendant Company to the Plaintiff under the said contract.

Of the instant contracts, the content pertaining to the instant case is as follows.

Article 4 "A" and "B (Defendant Company)" shall conclude a contract for vehicle operation and support for business affairs and settle the costs for each month. A) shall pay to B the fees set forth in Article 3 for the support of business affairs under Article 3. The service support fees shall be the business sales recorded on Gap's computer with the support of business affairs (business sales are the sales of vehicle rental, and incidental expenses, such as the self-insurance premium, are excluded from the business sales.

b) B) A may operate a vehicle assigned in the workplace of A, and both A and B shall establish and manage the sales target of the operating vehicle.

(C) A and B shall settle the above-paid costs on a monthly basis and pay the following claims: If the service costs of B exceed the sales target set for the service costs of B, B shall claim the excess amount to B, and A shall pay it to B. If the sales target set for the service costs of B is less than the sales target set for the service costs of B, A and B shall claim the amount of the deficiency and pay it to B. If the sales target set for the service costs of B is less than the sales target set for the service costs of B, A and B shall claim the amount of deficiency and pay it to B; hereinafter the service costs shall be paid to B; d) and B shall prepare the monthly vehicle operation and the service support details, and settle the corresponding costs.

The duty support statement may be substituted by the computerized records of Gap, and shall be in writing.

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