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(영문) 부산지방법원 2017.09.08 2016가단57266

운송거래대금(위탁수수료)등

Text

1. From the Plaintiff, with respect to the motor vehicles listed in the separate sheet No. 1, Defendant C shall be listed in the separate sheet No. 2.

Reasons

1. Basic facts

A. On September 5, 2004, Defendant B entered into an entrustment management contract (hereinafter “the entry contract of this case”) with each Plaintiff on May 9, 2007, Defendant C entered into an automobile listed in the attached Table 1 (hereinafter “the first vehicle”), and Defendant C entered into an entrustment management contract (the entry contract of this case, hereinafter “the entry contract of this case”) with the Plaintiff as a trucking business operator (the entry company) in kind with the automobile listed in the attached Table 2 (hereinafter “the second vehicle”) owned by the Plaintiff, with the ownership and management right of the first and the second automobile. In the case of Defendant B, the Plaintiff, a trucking business operator, has the ownership and management right of the second automobile. In the case of the first and second vehicle, the owner, who is the owner, was entrusted with the above operation management right of the first and second vehicle, to pay a certain amount of entrusted vehicle (the entry vehicle) to the Plaintiff in its own independent calculation, and in the case of Defendant B, he newly purchased the object of this case as the subject of the attachment contract of this case.

In addition, around that time, the transfer of ownership on the first and second vehicles has been completed in the future of the plaintiff.

B. At the time of entering into the instant land entry contract, the Plaintiff and the Defendants shall be three years, and even after the expiration of the contract period, if both parties have no objection thereto, the contract is deemed to have been extended, and if they wish to cancel the contract during the extension period, they shall be notified in writing to the other party one month prior to the cancellation, and the notified party agreed to respond to the cancellation.

C. On October 6, 2016, the Plaintiff sent to the Defendants a content-certified mail stating the intent to terminate the instant branch agreement, and around that time, the said content-certified mail sent to the Defendants.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1 and 2, the purport of the whole pleadings

2. Determination.