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(영문) 울산지방법원 2017.06.08 2016가합20318
자동차인도 등 청구의 소
Text

1. Defendant B Cooperatives: the Plaintiff:

A. Termination of a contract on November 16, 2015 with respect to each motor vehicle listed in the separate sheet.

Reasons

In fact, the defendant B cooperative (hereinafter referred to as the "cooperative") is a cooperative established on March 12, 2015 for the purpose of tourist transportation business, tourist transportation brokerage business, domestic and overseas travel brokerage business, etc. with its members who engage in transportation business through chartered buses in the area D on March 12, 2015, and the defendant C is a person who serves as a director of the defendant C association

The Plaintiff established and operated FF Co., Ltd. (hereinafter “F”) for the purpose of chartered passenger transport business, etc. in the name of his/her father, first, and sold to H around February 2, 2015. On July 22, 2015, the Plaintiff joined the Defendant Union and sold three chartered buses listed in the separate sheet owned in the name of F (IF when holding them in the name of F), and the number of his/her car was changed to I while registering transfer of ownership in the name of the Defendant Union. However, the Plaintiff completed the registration of transfer of ownership in the future of the Defendant Union with respect to the three chartered buses listed in the separate sheet owned in the name of F.

On November 16, 2015, the Defendant Union expelled the Plaintiff from its members, and notified the Plaintiff of the ownership of the chartered bus that has been transferred to the Defendant Union in the future.

On the other hand, on December 18, 2015, with respect to chartered buses, the debtor was a defendant union and the amount of the credit was set at KRW 54,00,000, and the registration of joint mortgage was completed in the future of the defendant C.

(hereinafter “instant mortgage”). On January 7, 2016, the Plaintiff filed a complaint with the president of the Defendant Cooperative and the Defendant C as occupational embezzlement, occupational breach of trust, etc., and the Ulsan District Court removed three of the number plates of chartered buses around the Defendant Cooperative’s office on October 13, 2016 and obstructed the Plaintiff’s operation of chartered buses by removing three of the number plates of chartered buses around the Defendant Cooperative’s office.

“Along with the crime of the crime of interference with business,” that “a joint mortgage was created against Defendant C with respect to chartered buses with no authority on December 18, 2015,” is forged private documents, the use of falsified investigation documents, and the use of occupational breach of trust.”

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