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(영문) 대전지방법원 천안지원 2018.08.24 2018가합483

권리양도통지

Text

1. The defendant shall comply with the procedure for reporting the transfer or acquisition of the attached truck forwarding business to the plaintiff.

2...

Reasons

1. Basic facts

A. The Plaintiff is a person who has been engaged in the freight forwarding business with the permission for the freight forwarding business (hereinafter “instant business”).

B. Around July 4, 2013, the Plaintiff entered into a contract for the transfer and acquisition of the instant business with the Defendant. At the time, the Defendant prepared a letter stating that “The Defendant representative director C shall return the instant license to the Plaintiff without any condition immediately upon the Plaintiff’s return of the license from the Plaintiff representative director D, on condition that the license for the freight forwarding business was transferred without compensation.” This letter stating that “At the time of a passage, the Defendant representative C shall return the license to the Plaintiff without compensation.”

(hereinafter referred to as the “instant contract”) in total.

Around that time, the Defendant completed the procedure for reporting the transfer and acquisition of the instant business by the competent administrative agency under its jurisdiction, such as attached Form d.

Since then, the Plaintiff demanded the Defendant to perform the procedure for reporting the transfer and acquisition of the instant business on the premise that the instant business right has been returned to the Plaintiff under the instant contract, but the Defendant rejected such request.

[Grounds for Recognition] deemed confession (Article 150 (3) and (1) of the Civil Procedure Act)

2. In light of the above facts, the defendant is obligated to perform the procedure for the transfer and acquisition of the business of this case to the plaintiff pursuant to the contract of this case.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.