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(영문) 서울중앙지방법원 2020.02.19 2019가단5038645
청구이의
Text

1. The plaintiff's claim is dismissed.

2. With respect to the case of application for the suspension of compulsory execution by this Court 2019 Chicago30163, Mar. 2019

Reasons

1. Article 2 (Indication of Vehicles under Entrustment Contract) D of the Entrustment Contract for Basic Fact-Finding Management is as follows, and Article 2 (Indication of Vehicles under Trust Contract) D of the General Freight Trucking Services is entrusted to the Defendant in kind pursuant to Article 13 of the General Freight Trucking Services, and the Defendant is entrusted to the Plaintiff

On September 29, 2010, Sep. 25, 2010, 2000 g F Article 3 (Entrustment Management Period)

1. The entrusted management period of this contract shall be five years;

2. The contract management period shall be from the date of conclusion of the contract to the date of termination by both consultations, and the joint and several sureties shall also be responsible for this Section.

6.D shall not return the vehicle before the installment of the vehicle is paid in full, and in cases where it is inevitable to return the vehicle for personal reasons, D shall succeed to it to a third party and D shall be responsible for the incidental expenses.

Article 18 (Harmful Drugs)

1. Even during the contract term, D and the defendant may cancel the contract upon mutual agreement.

Article 24 (Succession Obligations and Effective Term of Contracts)

3.This Agreement shall become effective from the date of the contract until the period of use expires.

Provided, That where special reasons arise, the management expenses shall be borne for two years with penalty.

On October 6, 2018, D, the Plaintiff, purchased dump trucks E (hereinafter “instant vehicle”) from the Defendant who is engaged in trucking transport business in KRW 128,00,000, and entered into an entrustment management contract with the following contents (hereinafter “instant contract”).

B. D and the Defendant: (a) paid KRW 40,00,000, out of KRW 128,000,000 as the down payment; (b) the remainder of KRW 88,000,000 as the down payment amount was agreed to pay KRW 5,00,000 each month by March 25, 2020; and (c) D pursuant to the said agreement, as the said agreement, was agreed to pay KRW 40,00,000 each month.

8. A total of KRW 40,000 was paid to the Defendant.

C. D and the Plaintiff: (a) on October 30, 2018, a notary public drafted in C in 2018.

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