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1. The defendant shall receive KRW 810,410 from the plaintiff and at the same time motor vehicles listed in the separate sheet to the plaintiff.
Reasons
1. Facts of recognition;
A. On January 15, 2002, the Plaintiff completed the transfer of ownership under the name of the Defendant, which is a trucking business operator, as to the trucking trucking business under paragraph (1) of the attached Table with the Defendant (hereinafter “instant trucking vehicle 1”), and the Plaintiff entered into an entrustment contract with the Defendant to pay monthly entrusted management expenses, etc. (hereinafter “instant entrustment contract”).
B. The automobiles indicated in the attached list No. 2 are operated in combination with the instant automobiles, which are the subject of the entrustment contract of this case (hereinafter referred to as “each of the instant automobiles”).
C. The Plaintiff expressed his/her intent to terminate the instant entrustment contract by delivering the instant application for conciliation to the Defendant, and the said written application for conciliation was served to the Defendant on June 20, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. The judgment of the owner of a vehicle and the owner of a truck trucking business externally vests the name of the vehicle in trust between the owner of the vehicle and the owner of the vehicle in the company where the ownership and the right to manage the operation of the vehicle are vested in the company where the owner of the vehicle is affiliated with the owner of the vehicle. However, in cases where the owner of the vehicle and the owner of the trucking business enter into the entrustment management contract with the owner of the vehicle with the intent to pay the management fee in a certain amount to the company where the owner of the vehicle is entrusted with the right to manage the operation of the vehicle in his/her own account and operate the vehicle domestically and externally under his/her own account, such agreement is in the form of a contract in which the title trust and the delegation are combined (see, e.g., Supreme Court Decision 2010Da85324, Jan. 27, 201
(See Supreme Court Decision 97Da29479 delivered on November 11, 1997, etc.). The above facts of recognition are examined.