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(영문) 인천지방법원 2016.08.30 2015가단28936
소유권이전등록절차이행등
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) dated April 21, 2015 with respect to each motor vehicle indicated in the separate sheet from the Plaintiff-Counterclaim Defendant.

Reasons

1. Basic facts

A. On August 23, 2011, the Plaintiff and the Defendant purchased each of the cargo vehicles listed in [Attachment 1 and 2 (hereinafter “each of the cargo vehicles of this case”) at the Defendant’s expense, invested in kind, and transferred the registered name of each of the cargo vehicles of this case to the Plaintiff. The Defendant entered into an entrustment contract (hereinafter “instant entrustment contract”) with the terms that the Plaintiff shall pay various expenses to the Plaintiff while operating each of the cargo vehicles of this case upon being entrusted with the operation and management right of the cargo of this case. The part of the instant consignment contract is as follows.

(B) In the following, “A” means the Plaintiff, “B” means the Defendant). Article 2 of “A” entrusts the management right for each of the instant cargo vehicles, which is the vehicle manager of “B”, along with the business vehicle number.

Article 3. The term of this contract shall be indefinite.

Provided, That where the cancellation is requested, it shall be notified in writing the other party that the cancellation will be cancelled at least one month prior to the cancellation, and the notified party shall comply with the cancellation.

Article 4 Section B shall operate a transport business independently under his/her responsibility with the management right entrusted by A during the contract period, and the transport income shall have the full amount.

Article 5 Section B shall pay the monthly deposit fee of KRW 120,000 (excluding additional tax) to A in return for the entrustment of management rights.

Article 6 (B) shall bear the repair of breakdowns, gas supply, taxes and public charges due to the operation and management of vehicles, etc., and shall subscribe to the motor vehicle comprehensive insurance (integrated deduction) in preparation for accidents.

Article 12 (B) shall not transfer the right of management to a third party without the consent of A, and shall return it to A where it is impossible to conduct a transportation business.

Article 13 (1) even during the contract period, Gap and Eul may be cancelled upon mutual agreement.

(2) In any of the following cases, A may unilaterally cancel the license plate attached to B's vehicle without a performance notice:

1.Articles 5 and 5.

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