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(영문) 인천지방법원 2019.07.05 2018가단17012

화물자동차등록명의이전

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1. The defendant is paid KRW 21,722,188 from the plaintiff, and at the same time, he is stated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. 1) On March 10, 2010, the Plaintiff entered into the consignment management contract with the Defendant, who is the trucking transport business, and was entrusted with the operation management of the trucking transport business for the instant automobile by the Defendant. In return for the consignment, the Plaintiff paid a certain amount of management expenses each month in return for the consignment to the Defendant, and bears all the costs necessary for the vehicle operation management, including taxes, public charges, tax charges, mutual aid charges, insurance premium, etc. (hereinafter “instant consignment management contract”).

(2) On March 10, 2010, the Plaintiff concluded a transfer registration of ownership on the instant automobile.

3) The Plaintiff has operated the instant motor vehicle in accordance with the instant consignment management contract. The instant consignment management contract has been continuously renewed after the expiration of its validity period. (B) The Plaintiff, while filing the instant lawsuit against the Defendant against the Defendant, expressed its intent to terminate the instant consignment management contract concluded with the Defendant at the complaint.

The duplicate of the instant complaint reached the Defendant on June 19, 2018.

2) The Plaintiff is running the instant motor vehicle even thereafter. [The fact that there is no dispute over grounds for recognition, Gap evidence No. 1, Eul evidence No. 10, and the purport of the whole pleadings.]

2. Determination on the cause of the claim

A. In a case where an owner of a vehicle and an automobile transport business operator externally trust the name of the vehicle in his/her possession to a vehicle transport business operator (hereinafter “branch owner”) and the ownership and the operation management right are vested in the company where the ownership and the operation management right are vested. In a case where an internal agreement is entered into between the owner of the vehicle and the automobile transport business operator with the purport that the vehicle owner will pay a certain amount of management expenses to the vehicle owner while operating the vehicle in his/her own account under his/her own account, this agreement is with the title trust.