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(영문) 서울고등법원 2015.11.13 2014나53501
연대보증채무금 등
Text

1. Of the judgment of the first instance, the part concerning Defendant B and C is modified as follows.

Defendant B and C shall jointly and severally serve as the Plaintiff on 21.

Reasons

A. The Plaintiff is a corporation established for the purpose of ordinary automobile transportation business.

In the case of being entrusted with the ground entry management of general trucking transport business in accordance with Article 26(1) of the Trucking Transport Business Act, the Plaintiff and F shall enter into an entrustment contract for ground entry management with the Plaintiff (hereinafter referred to as “A”) as the trustor, and the occinator as the trustee F (hereinafter referred to as “B”) as follows.

Article 2 (Indication of Entrusted Vehicles) B shall entrust the following vehicles to A in kind, and A shall entrust B with the operation and management right of cargo transportation services for the vehicles.

Vehicle Number GI 1 J. J. 27 tons truck 25.5 tons dump truck 201 201 201 2011 to 27 25.5 tons dump truck 201 dump truck 207 tons in its own name, and Party A shall register the vehicle in its name, and Party B shall be entrusted and managed.

* The above-mentioned vehicles are automatically changed upon the request of B when the change was later made.

Article 3 (Period of Entrustment Management) 1. Entrusted Management Term of this Contract shall be one year.

5.This paper omitted, provided that even if the vehicles are changed by the scrapping of the vehicles, the rights and obligations of the automatic co-sureties shall also be succeeded to.

Article 4 (Substitution Due to Substantial Owner and Loss of Vehicles) 1. B as the substantial owner of the vehicle, Eul shall bear all the expenses incurred from the vehicle.

3. Eul shall not, in managing and operating motor vehicles registered under the name of Gap, transfer all responsibilities of the motor vehicles due to the loss of, damage to, or aging of the motor vehicle to Gap, or theft, etc., and also make a re-investment in kind in the substitute motor vehicles to Eul.

Article 5 (Entrusted Management Expenses) 1. B shall pay A 7% of the sales amount (excluding value-added tax) as management expenses each month to A by the 35th day after the end of each month in return for the right to operate and manage.

2.

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