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(영문) 대전지방법원 2014.11.27 2013가단219088
자동차인도
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

1. Basic facts

A. On February 28, 2013, the Plaintiff entered into an entrusted management contract and performance contract (hereinafter “instant contract”) with the Defendant with respect to cargo vehicles listed in the separate sheet owned by the Plaintiff (hereinafter “instant cargo vehicles”) and drafted a letter of agreement with the Defendant, including the following:

In entrusting the management of the freight trucking services to a person who is not a trucking business operator pursuant to Article 27 (2) of the Freight Trucking Services Act and relevant Acts and subordinate statutes, a trucking business operator shall enter into an entrustment management contract between the truster (hereinafter referred to as "A") and the defendant (hereinafter referred to as "B") as follows:

Article 3 (Period of Entrustment of Management) The entrusted period of this contract shall be one year from the date of conclusion of the contract, and shall be deemed automatically extended once a year except in extenuating circumstances between A and A at the expiration of the period.

Article 5 (Entrustment Management Fee) A shall pay 220,000 won a monthly management fee to A in return for the entrustment of operation and management rights.

(A) Article 15 (Separate Collection) Section B shall not be delinquent in the expenses, etc. to be incurred by B, and in the event of default for not less than three months, A shall be deemed to have been settled by voluntarily recovering the management vehicle of B and by offsetting the delinquent amount without the consent of B, and B shall be additionally borne in the event of shortage.

Article 16(1) even during the term of this Agreement, the contract may be terminated by mutual agreement with A and B. (2) A may be terminated by either party at least one month prior to the termination of the contract.

3) A may unilaterally cancel any of the following subparagraphs without a peremptory notice of performance. When the burden of Article 5 and all of the sub-paragraphs is delinquent for not less than 3 months, Article 25 (Demand A is necessary for the management and operation of the vehicle other than this Agreement under consultation with B.

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