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(영문) 부산지방법원동부지원 2019.09.18 2018가단220927
소유권이전등록
Text

1. The Defendant’s KRW 60,000 and the Plaintiff’s annual rate from April 16, 2019 to September 18, 2019.

Reasons

1. Basic facts

A. On July 2016, the Plaintiff and the Defendant concluded an entrustment contract (hereinafter “instant contract”) under the terms of KRW 150,000 per month management expenses for the instant motor vehicle (excluding surtax) and the part related to the instant case is as follows.

A trucking business operator (hereinafter referred to as "A") and the defendant who is an investor in kind in a trucking transport business (hereinafter referred to as "B") under Article 40 of the Trucking Transport Business Act and relevant provisions shall enter into an entrustment contract as follows in entrusting part of the management of the trucking transport business:

Article 3 (Period of Contract and Renewal) (1) The term of validity of this contract shall be as of the date of conclusion (at least two years), and the same content shall be automatically extended unless A or B expresses his/her intention to terminate the contract at the expiration of the term.

(2) Other matters concerning the renewal of contracts shall be governed by the provisions of Article 40-2 of the Trucking Transport Business Act.

Article 11 (Grounds for Termination of Contract) (1) A and B may terminate this contract even during the term of the contract, by mutual agreement.

(3) Where Party A intends to terminate a contract, he/she shall specify the violation of the contract with a grace period of not less than two months and notify Party B of the fact that the contract is terminated without correction at least twice in writing.

Provided, That this shall not apply where there is a serious reason to make it impracticable to continue the entrustment contract as prescribed by the Enforcement Decree of the Trucking Transport Business Act.

B. On June 18, 2018, the Plaintiff sent to the Defendant a certificate of content that “the owner of a vehicle following the termination of the instant contract shall be changed, and the unpaid management expenses, etc. that have not been paid for at least two years shall be paid in full,” and around that time, the said certificate reaches the Defendant.

C. The Plaintiff dated April 10, 2019 to the Defendant.

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