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(영문) 의정부지방법원 고양지원 2018.11.21 2018가단72259
손해배상(기)
Text

1. The plaintiff's main claim is dismissed.

2. From February 7, 2018, the Defendant paid KRW 20 million to the Plaintiff and its relation thereto.

Reasons

1. Facts of recognition;

A. 1) Generally an entrustment management contract for a truck (one-time “in-entry contract”; hereinafter “in-entry contract”) related to the instant case, such as an entry contract and the structure of a cargo transport contract.

(1)As the land entry contract is concluded, the individual truck owner (hereinafter referred to as "Borrower") shall be the owner of the land.

(ii) if a trucking business operator who has obtained an individual trucking transport business license necessary for the trucking business fails to obtain the said license, the trucking business operator who has obtained the said license (hereinafter referred to as a

(ii)A contract entered into with an external trucking service provider: (a) the title of the vehicle is entrusted to the external trucking service provider to vest in the ownership and the right to operate the vehicle; (b) the consignment management contract is a vehicle in the form of operating and managing the local-invested vehicle on its own account by the local-invested company; (c) the borrower has made one-time payment in the form of a deposit; (d) the local-invested company will pay the local-invested company with the payment of the rent under the name of the certain management expenses; and (e) the local-invested company will pay the vehicle management (tax and fine for negligence, etc.) in response to the payment of the rent; and in such cases, the local-invested company will also enter into the trucking service contract. This contract is an agreement entered into between the trucking service provider and the owner of the cargo by securing a fixed amount of cargo each month and securing a fixed transportation route in advance with the borrower for convenience of delivery; and (e) the borrower would normally have concluded a cargo transport contract after deducting the amount of the first cargo delivery contract from the borrower's.

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