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1. Of the judgment of the first instance, the defendant against the claim for registration of transfer of ownership of automobiles listed in the separate sheet.
Reasons
1. Basic facts
A. The plaintiff is a corporation that carries on trucking transport business and the defendant is the borrower of B truck.
B. On January 2, 2016, the Plaintiff concluded an entrustment contract for a transportation business (hereinafter “instant entrustment contract”) with the Defendant on an automobile indicated in the separate sheet (hereinafter “instant automobile”).
C. The grounds and procedures for termination of a contract under the entrustment contract of this case are as follows.
Article 11 (Grounds for Termination of Contract) "A" may terminate a contract after notifying "B" in accordance with the procedures referred to in paragraph (3), if "B" falls under any of the following:
1. Where a vehicle invested in kind in B is disposed of to reduce the number of vehicles due to a traffic accident, etc.;
2. Where he/she has evaded regular inspection of automobiles under Article 7 (3) not less than twice;
3. Where he/she violates the code of practice of transport employees under Article 12 of the Trucking Transport Business Act;
4. Where "B" concludes an entrustment contract by fraud or other improper means;
5. Where the entrusted management fee or insurance premium is in arrears for at least three months, "A" shall give a grace period of at least two months to "B" and shall notify "B" of the fact of the violation of the contract in writing at least twice unless correction thereof is made;
Provided, That this shall not apply where there is a serious reason to make it impracticable to continue the entrustment contract as prescribed by the Enforcement Decree of the Trucking Transport Business Act.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination as to the cause of action
A. On August 28, 2017, the Plaintiff’s 1 Plaintiff’s husband, who was the Defendant’s husband, was the actual driver of the instant vehicle. A driver’s license was revoked on August 28, 2017. While the Defendant introduced D to another driver, D was revoked on November 29, 2017.
After that, the defendant on January 2018.