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(영문) 서울중앙지방법원 2018.11.22 2017가합580878
확인의 소 등
Text

1. All lawsuits filed by plaintiffs B and C shall be dismissed.

2. The vehicles indicated in the separate sheet dated March 31, 2016 between the Plaintiff A and the Defendant.

Reasons

1. Basic facts

A. The status of the parties is a company established for the purpose of running a trucking transport business, etc., and the plaintiffs are those who prepare an entrustment contract with the defendant.

B. 1) Plaintiff B written an entrustment contract between the Plaintiffs and the Defendant on November 14, 201 with respect to the entrustment contract between the Defendant, ① with respect to TGX Track (vehicle number: E, chassis number F, annual formula: 201) on February 7, 2014, ② with respect to the vehicle of Actros (vehicle number: G, chassis number: H: H, annual formula: 2014), ③ on July 31, 2014, written the transportation business and the entrustment contract with respect to the vehicle of Actros (vehicle number: I:H, annual formula: 2014) on July 31, 2014. At the time, Plaintiff A signed as a joint and several surety of Plaintiff B as of March 31, 2016, Plaintiff A and C signed the entrustment contract as described in the following table:

(hereinafter “instant contract” and “instant contract” concluded on March 31, 2016. In accordance with Article 40 and relevant provisions of the Trucking Transport Business Standard and Entrustment Contract and the Trucking Transport Business Act, the Defendant (hereinafter referred to as “A”) and the Plaintiff C (hereinafter referred to as “B”) who is an investor in kind of trucking transport business, enter into an entrustment contract as follows in entrusting part of the management of trucking transport business:

Article 2 (Motor Vehicle Owners and Entrusted Vehicles) (1) A shall entrust the management of transportation business to the following vehicles invested in kind by Eul:

(2) Where a vehicle is invested in kind in the motor vehicle register under an entrustment contract, B shall be stated as an investor in kind in the motor vehicle register under the Motor Vehicle Management Act.

Article 3 (Period of Contract and Renewal) (1) The term of validity of this contract shall be as of the date of conclusion (not less than two years), and it shall be as of the date A or B's intention to cancel the contract at the expiration of the term.

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