beta
(영문) 대구지방법원경주지원 2020.08.25 2019가단1803

자동차소유권이전등록 및 손해배상

Text

1. The defendant is paid KRW 4,616,00 from the plaintiff, and at the same time the plaintiff is also paid KRW 4,616,00.

Reasons

Basic Facts

On January 11, 2019, the Plaintiff entered into an entrustment contract (hereinafter “instant contract”) with the Defendant, with each of the vehicles listed in the separate sheet (hereinafter “each of the instant vehicles”). The Plaintiff registered the instant vehicle listed in the separate sheet No. 1 in the name of the Defendant, and the vehicle listed in the separate sheet No. 2, indicated in the separate sheet No. 2, in the name of the Defendant, to bear the purchase cost of each of the instant vehicles, and the Plaintiff entered into an entrustment contract (hereinafter “instant contract”).

In entrusting part of the management of trucking transport business pursuant to Article 40 of the Trucking Transport Business Act and the relevant provisions, the defendant and the investor in kind of trucking transport business shall enter into an entrustment contract as follows:

Article 5 (Relationship between Monetary Payment and Claims and Obligations) (1) The Plaintiff shall pay to the Defendant the management expenses of KRW 250,000 (monthly base and Additional Tax Table) by the 20th day of each month in consideration of the Defendant’s vicarious performance of transportation business, such as administration.

Article 11 (Grounds for Termination of Contract) (2) The defendant may terminate the contract after notifying the plaintiff of the following matters in accordance with the procedure under paragraph (3) where the plaintiff falls under any of the following:

1. Where the plaintiff's vehicle invested in kind is disposed of to reduce the number;

4. In the event that the Plaintiff entered into an entrustment contract by fraud or other improper means, while the racing market made a disposition to reduce the number of the instant registration number on the ground that the instant Tracker’s registration number (hereinafter “instant registration number”) was illegally increased, and the Defendant applied for suspension of execution of the above reduction of the number on March 27, 2018 and received the decision from the Daegu District Court on April 13, 2018.

(2018 A. 10103) The defendant was sentenced to the ruling of dismissal on August 24, 2018 (Tgu District Court 2018Guhap21110) in a lawsuit on the merits for revocation of the reduction of the number of vehicles. The above ruling was made on August 24, 2018.