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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 18, 2015, B registered transfer of ownership with respect to the instant vehicle for large cargo, “C” (hereinafter “instant vehicle”). On May 28, 2015, B entered into an entrustment contract with the Defendant for trucking transport business and registered transfer of ownership with respect to the said vehicle in kind in the Defendant’s name.
As the instant vehicle was registered in the name of the Defendant, the vehicle number was changed from “D” to “E”.
In entrusting part of the management of trucking transport business, the defendant who is a trucking business operator (hereinafter referred to as "A") and the plaintiff who is an investor in kind of trucks (hereinafter referred to as "B") under Article 40 of the Trucking Transport Business Act and relevant provisions shall enter into an entrustment contract as follows:
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:
E Articles 3 (Contract Period and Renewal) of the 2011 Form 1 of this Agreement shall be effective for two years from the date of conclusion, and the contract shall be automatically extended unless the contract is expressed for the termination of this Agreement at the expiration of the period.
Article 4 (Amendment of Contracts) Where it is inevitably necessary to modify a contract due to the occurrence of reasonable and objective reasons, the contract may be modified in writing signed and sealed by mutual agreement with Gap.
Article 5 (Relationship of Money and Claims and Obligations) (1) B shall pay management expenses of KRW 250,000 to A not later than the 20th day of each month in return for the vicarious performance of transportation business, such as the whole administration of A.
(4) A shall not demand B to pay unfair money other than all the expenses incurred under the conditions such as the conclusion, renewal, and termination of a contract, and consent to the replacement of a vehicle.