logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원홍성지원 2019.06.25 2019가단50
화물자동차 등록 명의 이전
Text

1. The Defendant terminated the consignment management contract on January 11, 2019 with respect to each of the vehicles listed in the separate sheet to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. 1) On April 6, 2009, the Plaintiff and the Defendant indicated in attached Table 1 (hereinafter “instant No. 1”)

(2) On January 1, 2018, the Plaintiff entered into an entrustment management agreement with the Defendant to operate a trucking transport business under the name of the Defendant, and entered into an entrustment management agreement with the Defendant, and completed the transfer of ownership on April 9, 2009. On January 1, 2018, the above contract was renewed to the effect that the Plaintiff shall pay management fees in an additional amount of KRW 250,000 per month (value added tax) to the Defendant. (2) On March 15, 2018, the Plaintiff entered into an entrustment management agreement with the foregoing Section 1 (hereinafter “each of the instant vehicles”) with respect to the instant vehicles as indicated in attached Table 2 (hereinafter “instant 2 vehicles”). In addition to the management expenses indicated in the instant 1 vehicles, each of the above consignment management agreements entered into [the instant consignment management agreement] as well as the management expenses indicated in the instant 1); and the transfer of ownership in the name of the Defendant on March 20, 2018.

3) The Plaintiff paid KRW 275,00 (including value-added tax) to the Defendant pursuant to the instant consignment management contract, while operating and managing each of the instant vehicles, declared that the instant consignment management contract will be terminated by the delivery of the instant complaint to the Defendant, and a duplicate of the complaint was served on the Defendant on January 11, 2019. [In the absence of dispute over the grounds for recognition, the Plaintiff was served on the Defendant on January 11, 2019.]

B. Determination is made between the owner of a vehicle and the trucking business operator, who is externally owned by the owner of a vehicle (hereinafter referred to as the “owner of a vehicle”) in trust to the trucking business operator (hereinafter referred to as the “branching company”), and the ownership and the right to manage the operation thereof belongs to the company to which the owner of the vehicle belongs, and the said branching vehicle is located domestically.

arrow