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(영문) 청주지방법원 2019.03.08 2018가단5508
자동차소유권이전등록절차이행
Text

1. The Defendant terminated the entrustment contract on August 17, 2018 with respect to the motor vehicles indicated in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a trucking transport business operator established for the purpose of trucking transport business.

B. On January 3, 2012, the Plaintiff entered into an entrustment contract (hereinafter “instant contract”) with the Defendant, under which the Defendant invested in kind the truck indicated in the separate sheet of vehicle (hereinafter “instant truck”) to the Plaintiff, and registered the owner in the automobile register in the name of the Plaintiff, and the Defendant, as a branch owner, entrusted the Plaintiff with the right to operate and manage the instant truck for the instant truck and operated the instant truck (hereinafter “instant truck”).

C. The content of the instant contract is as follows, and the contract term was not separately determined.

(B) Under the following contract, “A” is the Plaintiff and “B” is the Defendant)

1. B shall pay 50,000 won monthly management fees to the Party A who has entrusted the operation and management rights in return for the entrustment;

(Separate Amount of Tax) Article 5 (Motor Vehicle Management)

1. B shall bear all the expenses incurred in the management and operation of vehicles, such as breakdowns, repair and oil supply, taxes and public charges, deductible charges, insurance contributions, and insurance contributions, after taking over the vehicle;

Article 9 (Inspection, Inspection, etc.)

1. Eul shall operate and manage vehicles in good faith in compliance with all relevant Acts and subordinate statutes and administrative instructions, and in particular shall faithfully perform the continuing inspection, maintenance, checkup, etc. of vehicles;

2. A may not raise an objection against any disadvantage under the Operation Suspension and Management Act, which is unilaterally notified to the competent authority by A when the above subparagraph 1 is not fulfilled, against A, and the same shall also apply to all kinds of penalties.

Article 14 (Transfer of Management Right)

1. B may not transfer the management right to a third party without the consent of A;

2. If B is unable to continue the entrusted management agency, the management right shall be returned to A.

3. At the time of transfer or acquisition of management rights, A shall be approved (including ex post approval).

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