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1.The part concerning the principal lawsuit in the judgment of the court of first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim).
Reasons
1. Basic facts
A. The defendant is a corporation established for the purpose of trucking transport business.
B. On January 24, 2003, the Plaintiff registered as a business operator to run the cargo transport business. On February 24, 2003, the Plaintiff entered into an entrustment management contract with the Defendant with the content that the ownership of the B5 tons truck be reverted to the Defendant with respect to the B5 tons truck early storage [the 1993 (1.20, 1993) and the chassis number: D], and that the Defendant shall pay monthly management expenses, insurance premiums, taxes and public charges, etc. to the Defendant while operating the said cargo under entrustment with the right to operate and manage the said cargo vehicle.
C. On March 3, 2003, the Plaintiff completed the registration procedure for ownership of the above cargo vehicle under the name of the Defendant, and operated the above cargo vehicle and operated the cargo transport business.
On February 15, 2011, the Defendant leased the above cargo to the instant vehicle. On the same day, the Plaintiff and the Defendant concluded an entrustment management contract with the same content as the above and the consignment management contract for the instant vehicle (hereinafter “instant consignment management contract”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 6, Eul evidence 3, 10, 11, 21-1, and the purport of the whole pleadings
2. Determination on the main claim
A. The judgment on the cause of the claim 1 motor vehicle entrustment management contract is in the form of a title trust and delegation element, which the land owner operator registers the motor vehicle externally in the name of the land-building company and vests in the ownership, operation, and management rights of the land-building company. In the inside of the country, the elements of the title trust and the delegation are combined to pay a certain amount of entrusted management expenses every month in the name of remuneration for performing external management affairs, such as paying taxes, public charges, etc. by the land-building company, when the land-building company is entrusted with the independent operation and management rights of the land-building company and operated and managed under its own account.