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(영문) 서울중앙지방법원 2020.07.21 2019가단5144687
소유권이전등록
Text

1. The Plaintiff:

A. Defendant B terminated the entrustment contract on September 2, 2019 with respect to the motor vehicles listed in the separate sheet.

Reasons

1. The fact of recognition is that a trucking business operator shall entrust another person (referring to an individual excluding a trucking business operator) with part of his/her management or part of his/her management or entrust part of his/her management to a person who invested in kind, if necessary for the efficient performance of trucking transport business.

In entrusting part of the management of trucking transport business, the plaintiff (trustee) who is a trucking business operator and the defendant (trustee) who is an investor in kind shall enter into an entrustment contract as follows:

Article 5 (Payment of Money and Claims) (1) A trustee shall pay management expenses of 220,000 won (excluding surtax) to the truster by the first day of each month in return for the performance of the management affairs of transportation business, such as the administration of the truster.

Article 11 (Grounds for Termination of the Contract) (4) With respect to Article 5(1), where the sum of unpaid management expenses, management expenses, and other expenses is at least one million won, interest rate of 1.5% as of the end of the relevant month shall be added at the time when the sum of unpaid management expenses, management expenses, and other expenses is at least one million won, and the contract may be terminated after

On October 22, 2018, the Plaintiff and Defendant B concluded an entrustment contract for trucking transport business with respect to the automobiles listed in the separate sheet (hereinafter “instant automobiles”) as follows:

(hereinafter “instant consignment contract”). Defendant C jointly and severally guaranteed Defendant B’s obligations under the said contract.

B. Accordingly, on October 22, 2018, the Plaintiff completed the ownership transfer registration for the instant automobile, and Defendant B registered the cargo transport business with the trade name named “A” on the same day, and started its business from around that time.

C. Defendant B did not pay the management expenses on November 2018, 12., and January 2019 at the due date. On March 5, 2019, the Plaintiff notified the Defendants that the instant consignment contract was terminated on the same day pursuant to Article 11 of the instant consignment contract.

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