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(영문) 인천지방법원 2016.02.16 2015가단12771
자동차소유권이전등록
Text

1. The defendant is paid KRW 6,284,740 from the plaintiff, and at the same time, he is stated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. On December 4, 2006, the Plaintiff entered into an entrustment management contract (hereinafter “instant entrustment management contract”) with the Defendant (the title prior to the change: Sungil Trade Co., Ltd.) under which the ownership and the right to operate and manage the instant cargo vehicle externally belongs to the Defendant, and the Defendant is entrusted with the right to operate and manage the said cargo vehicle under the Plaintiff’s own account. In fact, the Plaintiff entered into the entrustment management contract (hereinafter “instant consignment management contract”) with the content that the Defendant will pay the entrusted management fee to the Defendant while operating the said cargo vehicle under the Plaintiff’s own account.

B. Meanwhile, on June 21, 2006, the defendant completed the transfer of ownership on the instant truck under the name of the defendant.

C. On February 27, 2015, the Plaintiff sent to the Defendant a certificate of content containing an expression of intent to terminate the instant consignment management contract, and around that time, the said certificate reaches the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 5, 6, Eul evidence 1, 3, and 4, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the above consignment management contract of this case is in the form of a combination of the title trust and the elements of delegation with the payment of monthly management fees in the name of the fees for the plaintiff who is the actual borrower of the above cargo vehicle entrusted the above cargo vehicle with its own operation management right under his own independent account and for the plaintiff who is the actual borrower of the above cargo vehicle to operate and manage the above vehicle under his own independent account, and for the management of the above vehicle, and for the defendant to perform external management affairs, such as paying taxes and public charges on the above vehicle on behalf of the defendant. Thus, the above consignment management contract of this case is in the form of a combination of the elements of delegation and delegation, and the plaintiff who is in the position of the truster at any time.

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