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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On January 1, 2013, the Defendant concluded a lease contract for the bus lease on the part of the Plaintiff, with the purport that the Defendant entrusted the management and operation of the bus operation by its employees to the Plaintiff on January 1, 2013.
(hereinafter “instant contract”). (b)
The main contents of the instant contract are as follows.
1) Operating period: The type of bus from January 1, 2013 to December 31, 2013: C 25 passenger bus 3: monthly rent: KRW 3630,00 (including value added tax, and payment on the 16th day of each month) grounds for termination of the contract (Article 7) (1) (2) where the Plaintiff breached the contractual obligations or obligations under the contract, the reasons for termination of the contract (Article 7) (2) where the Plaintiff demands replacement of the Defendant’s image due to the occurrence of a civil petition filed by its members due to an act of infiniteing the driver, maintenance of the vehicle, poor condition of cleanlines, and driving on the vehicle (5). 3.5 million won (the contract bond where the Defendant’s image is concealed due to an accident, etc.):
A person shall be appointed.
C. The Plaintiff operated a bus under the said contract, and the Defendant completed the payment of rent until the end of August 2012.
On August 2013, the defendant notified the plaintiff that the contract of this case will be terminated.
[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 evidence, purport of the whole pleadings
2. Determination as to the cause of claim
A. The parties' assertion that the plaintiff operates a bus in accordance with the contract of this case. ① The plaintiff used the aged bus in 196 and refused to demand replacement of vehicles several times, ② traffic violations such as bad driving, signaling, and violation of traffic regulations, ③ unauthorized passing, ④ failure to give notice of personal information at the time of replacement of crew, ⑤ the operation of a vehicle which is not a bus, ⑤ inconvenience such as a heavy demand for moving-out without operating it in accordance with the original course, and 7) contracts such as replacement of articles, etc. without driving directly by the plaintiff himself, and one month prior to the lapse of one month.