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(영문) 부산지방법원 동부지원 2018.07.11 2018가합14
운송사업위수탁계약해지확인
Text

1. As to the motor vehicles listed in the separate sheet dated January 10, 2013, concluded between the Plaintiff and the Defendant.

Reasons

1. Indication of claim;

A. On January 10, 2013, the Plaintiff entered into an entrustment management contract under which the Defendant was entrusted with the operation and management rights of the motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) by the Plaintiff (hereinafter “instant entrustment contract”).

B. On March 11, 2013, at around 23:10, the Defendant operated the instant vehicle while under the influence of alcohol of 0.128% of alcohol content, and stopped on the side side located adjacent to the two-lane 103.8km in the south-west, Southern-west, Southern-west, Southern-west Highway at a point of 103.8km, and turned down behind the instant vehicle, which led to the collision between the rear side of the instant vehicle and the instant vehicle (hereinafter “instant accident”).

The instant motor vehicle was charged for the instant accident, and the Defendant was revoked the driver’s license.

C. Article 40-3(1) of the Trucking Transport Business Act provides that “A trucking business operator shall, when he/she intends to terminate an entrustment contract, specify the violation of the contract with a grace period of not less than two months and notify the relevant trustee of the fact that the contract is terminated without correction at least twice in writing: Provided, That the same shall not apply where there is a serious reason making it impracticable to continue the entrustment contract, as prescribed by Presidential Decree.” Article 9-11 subparag. 3 of the Enforcement Decree of the Trucking Transport Business Act provides that “a trucking business operator is subject to a disposition under Article 23 of the Trucking Transport Business Act (cancellation of a trucking transport license)” shall be subject to the said entrustment

The Plaintiff terminated the entrustment contract of this case by serving a copy of the complaint of this case containing the declaration of intention of termination.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

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