소유권이전등록절차의 인수 등 청구의 소
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
The purport of the claim and appeal is the purport of the appeal.
1. Facts of recognition;
A. On February 10, 2012, the Plaintiff entered into a truck operation contract with Defendant B and D with respect to a truck vehicle with 17.5 tons, and the first consignment operation contract (hereinafter “the first consignment operation contract”). The Defendant C jointly and severally guaranteed Defendant B under the said contract.
Pursuant to the proviso to Article 13 of the Trucking Transport Business Act, Eul shall purchase the following trucks and enter into an agreement to comply with the following details in registering and operating the following trucks in the name of A:
Article 4 Section B shall bear all the costs of repair, oil, various insurance premiums, (liability, complex, industrial accident, etc.) and other expenses incurred in operating the said vehicle.
Article 10 Section B shall pay KRW 220,00 per month as management expenses of the above vehicle to A, and shall bear the late payment charge of KRW 20,00 per month when the payment is delayed for at least two months. In the event of arrears for at least three months, A shall not be liable for civil and criminal liability even if he/she is recovered at his/her discretion without the consent of B, and he/she shall be exempted from the waiver of the vehicle.
Article 12. The term of the contract shall be two years, and if there is no objection between both parties, B shall operate the above vehicle and extend automatically.
B. The main contents of the instant entrustment operation agreement are as follows:
(B) at the following time: (a) “A” refers to Defendant B. (c)
On October 18, 2013, the Plaintiff entered into a trucking transport business consignment agreement with Defendant C on the instant automobile (hereinafter “instant automobile”). The Plaintiff entered into the instant consignment operation agreement (hereinafter “the instant consignment operation agreement with the first and the second consignment operation agreement”) with respect to the instant automobile, and the instant automobile has the same registration number as the instant automobile under the first consignment operation agreement.
Article 7 (General Management Expenses) (1) A shall pay the full-time KRW 00,000 per month to A as an investor in kind by the end of the month.