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1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Around May 2014, the Plaintiff Company and the Defendant concluded a contract to purchase B vehicles in the name of the Plaintiff Company, deducting various expenses, such as vehicle installments, insurance premiums, and expenses for entry management, from the sales generated by the Defendant’s operation of the vehicle, and to pay the remainder to the Defendant.
The Defendant operated the said vehicle from May 16, 2014 to December 31, 2014, and additionally, concluded an entry contract (in combination with the above entry contract, hereinafter “each of the instant vehicles”) in the said form, and operated the said vehicle from September 5, 2014 to December 31, 2014.
The Defendant tried to take over each of the instant vehicles from around November 2014, but failed to take over it, and on March 11, 2015, the Plaintiff Company sent to the Defendant the phrase “at the time of the transfer documents for each of the instant vehicles, but the answer was omitted, and the premium for the vehicle was unpaid, so it shall be deemed to have waived the ownership of the vehicle and shall take over the vehicle,” and collected the vehicle on that date, each of the instant land entry contracts was terminated.
B The loan amounting to 85,00,000 won is 58 months lease, and C vehicle is 184,956,000 won for 36 months lease.
【Ground for Recognition: Each entry of Gap evidence 1 to 3 (if any, including paper numbers)
2. The parties' assertion
A. The plaintiff company (hereinafter referred to as "the plaintiff")'s assertion that the plaintiff company entered the plaintiff and operated the vehicle under the independent calculation of the defendant. The defendant obtained the remaining money after deducting management expenses, insurance premiums, and other payment from the operating profit accrued while operating each of the of the of the of the of the of the of the of the of the of the of this case. In the case of the B vehicle, the profits accrued during the period of 4,393,802 won, and the expenses paid are 48,365,540 won, and the difference is 3,971,738 won, and C vehicle is 3,97,738 won.