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(영문) 서울중앙지방법원 2018.12.04 2016가단5095081 (1)
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

The original C in which the Gu office was placed shall be the plaintiff.

Reasons

1. Basic facts

A. On March 2, 2012, the Plaintiff and the Defendant entered into a contract for vehicle operation and business support with the purport that the Plaintiff would receive business support fees from the Defendant instead of obtaining the Defendant’s right to operate the Defendant’s budget branch and performing vehicle management and operating store business. The Plaintiff’s mother C guaranteed the Plaintiff’s obligation under the instant contract.

(hereinafter “instant contract”). The main contents of the instant contract are as follows.

(A) A (the purpose of this Agreement is to grant the right to operate vehicles to B for the vehicles assigned within the business establishment of A located in the business establishment of B, and B shall accept the right to operate the vehicles; b) B shall, in accordance with the agreement between A and B, perform vehicle management and operating store business and loan business in accordance with the agreement between A and B.

Article 2 The term of the contract shall be one year from the date of conclusion of the contract, but may be extended through mutual consultation, and if there is no separate declaration of intention, it shall be automatically extended under the same conditions.

Article 4. A and B shall carry out a contract for vehicle operation and support for business, and settle the expenses every month.

Where any act referred to in Article 6 of the liability for damages has occurred, and where the vehicle management and general affairs referred to in the Addenda, etc. of Articles 9 and 13 have not been performed faithfully, Eul shall compensate for all general and special damages, and where there is a guarantor for any damage incurred in violation of this contract, Eul shall compensate jointly with the guarantor.

Article 9(c) for the case of loss of a vehicle during the management of the vehicle by Eul, Eul shall compensate for the residual value of the vehicle A and the operating loss expenses of the vehicle A. A. The annexed agreement (leased vehicle).

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