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(영문) 춘천지방법원강릉지원 2016.10.04 2015가합5760
양도양수무효확인
Text

1. It was concluded on August 14, 2014 between the Plaintiff and the Defendant regarding freight forwarding services listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff is a person running trucking transport business (hereinafter “instant business”) with the permission for trucking transport brokerage business (hereinafter “instant permission”) as shown in the attached list as shown in the attached list.

B. As indicated in each corresponding column of the table agreement, a transfer contract under which “the Plaintiff transfers the right to permit trucking transport brokerage business to the Defendant” (hereinafter “the transfer contract of this case”) was prepared.

The defendant reported the transfer and acquisition of the business of this case from the plaintiff to the administrative agency as stated in the following table, and accordingly, the administrative agency accepted the transfer and acquisition report and notified it.

On August 14, 2014, the date of reporting the transfer and acquisition of the contract and the date of receipt of the report and notification of the transfer and acquisition business by the transferee, the date of receipt of the transfer and acquisition report, and the date of receipt of the notification, the administrative agency accepting the Plaintiff’s right to permission on August 14, 2014, the Plaintiff / the Defendant’s right to permission on August 18, 2014 did not dispute the Plaintiff / the Defendant 1 and 2, and the purport of the entire pleadings.

2. Summary of the parties’ assertion

A. The plaintiff did not have assigned the right to permission of this case to the defendant.

The transfer contract of this case is merely a forged document, which is voluntarily prepared by C, an employee of the Gangwon-do Truck Forwarding Business Association (hereinafter referred to as the "Association of this case") without the disposition authority.

Accordingly, the plaintiff seeks confirmation of invalidity of the transfer contract of this case against the defendant.

B. Defendant 1) The Plaintiff delegated the instant permit transfer to the Association or C. Therefore, the instant transfer and acquisition agreement is valid as a contract that the Association or C has lawfully concluded on behalf of the Plaintiff. (2) The Plaintiff issued the instant permit certificate, seal imprint, and seal imprint to the Association or C.

The above document delivery act is against the defendant.

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