1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The defendant is a corporation established for the purpose of trucking transport business.

B. On May 4, 200, the Plaintiff entered into an entrustment management agreement with the Defendant to assign the title of registration of ownership to the Defendant and the truck, and entered into an entrustment management agreement with the Defendant to pay monthly access management fees, insurance premiums, etc. to the Defendant while operating the instant motor vehicle upon entrustment of the right to operate and manage the instant motor vehicle (hereinafter “instant agreement”), and reverted the title of registration of ownership to the Defendant.

C. The instant contract was concluded on April 30, 2015.

Meanwhile, in accordance with Article 3(4) of the Trucking Transport Business Act (amended by Act No. 7100 of January 20, 2004) and Article 3 of the Enforcement Decree of the Act, individual trucking transport businesses using one truck have been possible. Article 3(2) of the Addenda of the Act provides that "any person who intends to operate a trucking transport business with a trucking transport business after cancelling the title trust or the above entrustment contract from December 31, 2004 among those who are entrusted with a trucking transport business by a truck under title trust with a person operating a trucking transport business at the time of the promulgation of this Act may file an application for permission with the Minister of Construction and Transportation, notwithstanding the amended provisions of Article 3(5)1, and the Minister of Construction and Transportation, upon receipt of an application for permission, may grant permission to the relevant applicant, terminate the entrustment contract and operate an individual trucking transport business."

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 2, the purport of the whole pleadings

2. Determination on this safety defense

A. On March 9, 2010, the Defendant’s main safety defenses by the Defendant concluded an entrustment contract with the Defendant for the purpose of acquiring one-time cargo transportation services by the Plaintiff.