화물자동차운송사업권양도
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning of the first instance judgment, except for adding the following judgments between the last 3 pages of the first instance judgment and the first 4 pages, and therefore, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.
2. As to the addition, the defendant faithfully performed the defendant's duty to provide cargo transportation jobs according to the transfer contract of this case by introducing the fixed transaction delivery date to the plaintiff. The defendant asserts that the transfer contract of this case cannot be terminated even though there is no reason attributable to the defendant.
However, as seen earlier, the instant transfer contract was concluded in combination with the instant management agreement for the purpose of carrying out cargo transport services for the purpose of earning money, and the right to transport the instant truck is externally reverted to the Defendant; however, a contract in the form of a combination of title trust and delegation made by the Plaintiff with the content of being entrusted with the right to transport business; and each party in the delegation agreement may terminate the instant transfer agreement at any time (Article 689(1) of the Civil Act). As such, the Plaintiff, a title truster and the borrower holding the status as a party to the instant delegation agreement, at any time, may terminate the instant transfer agreement.
I would like to say.
Therefore, the defendant's above assertion is without merit.
(A) Since the entrusted management contract concerning the right to operate and manage a motor vehicle between a local owner and a local owner company is premised on the succession to the freight trucking services, the management contract of this case where a local owner is entrusted with a truck, which is a motor vehicle, and the transfer contract of this case where a transportation business right is transferred, shall be deemed to have been concluded in order to sustain the motor vehicle, and it shall not be deemed a separate contract, and the defendant shall not be deemed a separate contract.