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(영문) 부산지방법원 2019.02.15 2018구합23825
위,수탁해지 특례허가 수리불가 처분 취소 청구의 소
Text

1. On June 12, 2018, the Defendant’s rejection of a special permit for the termination of entrustment against the Plaintiff is revoked.

2...

Reasons

Details of the disposition

On October 16, 2001, the Plaintiff and the Intervenor B Co., Ltd. (hereinafter referred to as the “Defendant Intervenor”) title trusted the vehicles of the franchise 18 tons car (registration number C; hereinafter referred to as the “instant vehicle”) indicated in the attached Table 1 list to the Defendant Intervenor B Co., Ltd. (hereinafter referred to as the “Defendant Intervenor”), and entered into a contract under which the Defendant would be entrusted with the trucking transport business using the instant vehicle (hereinafter referred to as the “contract contract”) with the Defendant, and operated the cargo transport business using the instant vehicle.

In around 209, the Plaintiff asked D, the representative director of the Defendant joining the Defendant, to a method of lowering the insurance premium at the time of renewal of the automobile insurance contract for the instant vehicle. Accordingly, on May 31, 2010, D transferred the vehicle registration number C trucking transport business permission and the ownership of the instant vehicle to E Co., Ltd. (hereinafter “E”) in which he/she was the representative director, and E transferred the vehicle registration number of the instant vehicle to E on June 8, 2010 pursuant to Article 16 (1) of the Trucking Transport Business Act, which was attached to the vehicle registration number of the instant vehicle, not the national number plate, and thus, the vehicle registration number of the instant vehicle is changed if it was transferred or acquired by different Cities/Dos as the instant vehicle, and the existing vehicle registration number shall be removed.

The change of vehicle transfer was made.

The Plaintiff terminated the entrustment contract with E on June 8, 2010, which was on the day of the registration of the change of the vehicle moving to the instant vehicle, and subsequently, the Plaintiff and the Intervenor entered into an entrustment contract for the instant vehicle again on the same day.

On the other hand, E is for trucking transport business, etc. on July 10, 2002.

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