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(영문) 인천지방법원 2019.02.01 2018가합59181
소유권이전등록
Text

1. On January 18, 2018, the Defendant terminated the consignment management contract with respect to the trucks listed in the separate sheet from the Plaintiff.

Reasons

1. Basic facts

A. On December 31, 2015, the Plaintiff and the Defendant reverted to the Plaintiff the name of the truck listed in the separate sheet (hereinafter “instant truck”). The right to manage and operate the said truck belongs to the Plaintiff. The Plaintiff entered into a truck and the consignment management contract (hereinafter “instant contract”) with the content of the Defendant, and completed the transfer of ownership in the name of the Plaintiff with respect to the instant truck.

On the other hand, among the contracts of this case, the provisions on cancellation are as follows.

Article 13 (Cancellation of Contract) Even during the term of contract, may be terminated upon mutual agreement.

Provided, That in any of the following cases, "A" (the same shall apply hereinafter) and "B" (the defendant refers to the defendant; the same shall apply hereinafter) may be unilaterally cancelled, and the matters specified in this Agreement shall be settled:

1) When “A”’s unilateral cancellation items, liability insurance, and comprehensive insurance is not subscribed, and the continued inspection of “B” is avoided for more than one year, when the vehicles of “B” in Article 5 are delinquent for more than one year due to traffic accidents, and when the vehicles of “B” are subject to reduction of the number of vehicles due to traffic accidents, the unilateral cancellation items of “B”, and the poor management of “A,” are likely to cause damage to “B”’s projects.

B. On December 2, 2015, the Defendant paid KRW 300,000 in cash to a person whose name is unknown on the street near four parts of the Northwest-dong, Seowon-dong, Seo-gu, Incheon, Seowon-dong, and dismantled the instant truck without permission, and operated the said truck for three months from around that time until March 21, 2016.

(2) The Defendant, on September 18, 201, was sentenced to the suspension of indictment on the ground of the violation of the Road Traffic Act, on September 18, 2017.

C. As to the instant illegal act, the Plaintiff around July 24, 2017.

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