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(영문) 인천지방법원 2017.08.09 2016가단216488
대,폐차 절차이행 등
Text

1. The defendant is based on the termination of an entrustment contract with respect to the motor vehicles listed in the separate sheet from the plaintiff.

Reasons

1. Facts of recognition;

A. On June 27, 2012, the Plaintiff and the Defendant entered into an entrustment contract (hereinafter “instant entrustment contract”) with the terms that, instead of registering ownership under the name of the Plaintiff, the Plaintiff is entrusted by the Plaintiff with the management and operation of the instant cargo vehicle, and would pay the Plaintiff various expenses, while running the transportation business by using it (hereinafter “instant truck”). The main contents are as follows.

(B) In the following, “A” and “B” mean the Plaintiff, “B” and “B” are the Defendant, and Article 2 of “B” entrusts the management right of the instant cargo vehicle 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 4 (B) shall operate a transportation business independently under his/her responsibility with the management right entrusted by A during the contract period, and the transportation income shall have the full amount.

Article 5 Section B shall pay the monthly deposit fee of KRW 180,00 (excluding additional tax) to A in return for the entrustment of management rights.

Article 6 Article 6 (B) shall bear high repair, oil, taxes and public charges due to the operation and management of vehicles, etc. on his/her responsibility, and shall subscribe to the motor vehicle comprehensive insurance (integrated deduction).

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. If Article 5 and all the obligations of Section B are delinquent for not less than three months, Article 19 and Section B shall be erroneous or attributable.

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