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(영문) 서울남부지방법원 2020.05.13 2018가단247382
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Defendants’ status 1) Defendant B Co., Ltd. (hereinafter “Defendant B”).

) The corporation is engaged in general and special trucking transport business and any business incidental thereto, and the Defendant D Co., Ltd. (hereinafter “Defendant D”) is identified as “Defendant Co., Ltd.” and collectively with Defendant B.

(2) Defendant E and Defendant C advertised advertised terms and conditions of the contract for land-to-land purchase, land-to-land purchase and sale, freight transport, etc., as an employee of the Defendant Company, engaged in mediating each of the above contracts after soliciting land-to-land owners by advertising the terms and conditions of the contract for land-to-land purchase, land-to-land purchase and transportation.

B. Around August 2017, Defendant E, including the Defendant’s advertising advertising for soliciting loan borrowers, posted the following advertising materials for soliciting loan borrowers (hereinafter “instant advertising”) on the F website under the name of Defendant B, stating that “G convenience store licensed delivery agent”:

C. On September 2017, the Plaintiff entered into a branch entry contract, etc.: (a) reported the instant advertisement; (b) consulted Defendant E with employment; and (c) provided the G convenience store cargo transport services; and (c) as indicated below, H, the Plaintiff’s mother, as a branch entry borrower, paid KRW 49 million to purchase a branch entry vehicle as a vehicle acquisition fee; and (d) purchased the vehicle as a branch entry borrower, and entered into a loan contract, a vehicle sales contract, and an entrustment contract on the part of a branch entry vehicle (hereinafter “each of the instant contracts”) with the parties, respectively.

On September 19, 2017, the main contents of the contract entered into between the parties, and the first mid-to long-term M&L agreement, H on September 19, 2017, purchased the J-mati 2.5T truck vehicle (hereinafter referred to as “string vehicle”) by H on September 19, 2015, at the interest rate of 10.9% per annum for 10.9% per annum for 49 million won to H.

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