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1. The Defendant on August 22, 2014, on each of the motor vehicles stated in the separate sheet, causes the termination of the consignment management contract.
Reasons
1. Facts of recognition;
A. On May 15, 2012, the Plaintiff entered into an entrustment management contract (hereinafter “instant contract”) with the Defendant with respect to each of the instant automobiles indicated in the separate sheet (hereinafter “each of the instant automobiles”) with the owner of the cargo transportation services and the Defendant. However, on the same day, the Plaintiff entered into a transfer of ownership on each of the instant automobiles under the name of the Defendant, with respect to each of the instant automobiles, under which the Plaintiff is entrusted with the right to operate and manage the automobiles and paid monthly management expenses and insurance premiums, etc. to the Defendant.
B. A duplicate of the instant complaint containing an expression of intent to terminate the instant contract was served on August 22, 2014 on the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings
2. The assertion and judgment
A. According to the facts of the judgment as to the cause of the claim, the contract of this case is a form of a combination of the title trust and the elements of delegation with the payment of the prescribed management expenses every month in the name of the commission for the defendant to conduct external management affairs, such as paying the fees for the use of the defendant's title of freight trucking services after being entrusted with the right of independent operation management by the defendant, which is the actual borrower of each of the above vehicles, and operating and managing each of the above vehicles under his own independent account, and the defendant's payment of taxes and public charges for each of the above vehicles. Thus, the plaintiff in the position of the truster and the truster can terminate the contract at any time regardless of the contract term agreed.
Therefore, the contract of this case against the defendant of a duplicate of the complaint of this case containing the plaintiff's expression of intent to terminate.