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1. The Defendant terminated the consignment management contract on March 6, 2015 with respect to the motor vehicles listed in the attached list to the Plaintiff.
Reasons
1. Basic facts
A. On February 197, the Plaintiff entered into an automobile consignment management agreement with C Co., Ltd. with the purport that the ownership of DRano five tons’ vehicle (hereinafter “instant vehicle”) reverts to the said company. However, the Plaintiff entrusted the instant vehicle with the right to operate and manage the trucking transport business and entered into an automobile consignment management agreement with the said company to pay a certain amount of management expenses, insurance premiums, etc. every month while operating the said vehicle.
In addition, after completing business registration with the trade name "C" on March 7, 1997, the Plaintiff has operated cargo transport business using the instant vehicle.
B. On September 28, 2005, E, the representative director of C Co., Ltd., was practically incorporated the Defendant Company. At that time, the Plaintiff transferred the name of the instant vehicle ownership to the Defendant Company with respect to the instant vehicle in the name of F, the Plaintiff’s father, and the Defendant entered into an entrustment management contract with the terms that, upon being entrusted with the right to operate and manage the said vehicle and that, while operating the said vehicle, the Defendant shall pay a certain amount of monthly management fee, insurance premium, etc. (hereinafter “instant entrustment management contract”).
C. On October 17, 2005, Defendant Company completed the ownership transfer registration of the instant vehicle in accordance with the instant consignment management contract, and on the other hand, F completed its business registration on January 1, 2006 with the trade name “B.”
On March 6, 2015, the Plaintiff sent a certificate of content that contains the termination of the entrusted management contract of this case, and on March 9, 2015, this certificate was delivered to the Defendant.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7, 9, 13 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The allegations and judgment of the parties
A. The gist of the parties’ assertion is that the actual party to the entrusted management contract of this case is not F but F, and the Plaintiff is the Plaintiff’s restitution following the termination of the contract.