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(영문) 부산지방법원 동부지원 2021.01.14 2020가단212349
자동차인도 등
Text

1. The defendant terminated the entrustment management contract on March 20, 2020 with respect to the motor vehicles listed in the separate sheet from the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity that engages in trucking transport business, and the Defendant is the borrower who entered a motor vehicle as indicated in the separate sheet (hereinafter “the instant cargo vehicle”).

B. On November 29, 2012, the Plaintiff entered into an entrustment management agreement with the Defendant, instead of registering ownership of the instant cargo vehicle owned by the Defendant in the name of the Plaintiff, with the terms that the Defendant would receive entrustment from the Plaintiff for the management and operation of the instant cargo vehicle and pay various expenses to the Plaintiff while running the transportation business by using it (hereinafter “instant consignment management agreement”). The main contents of the agreement are as follows (hereinafter “A” and “B” refers to the Plaintiff and “B” refers to the Defendant. Article 3 (Entrustment Contract Terms) ① The contract term is five years.

After the expiration of the contract period, “A” shall be deemed to have been automatically extended every three years if both parties do not intend to terminate the contract.

Article 5 (Management Trust Fee) ① “B” shall pay KRW 165,000 per day to “A” in return for the entrustment of management rights.

Provided, That if necessary, according to the increase factors, such as price increase, "A" shall adjust appropriate management entrustment fees and notify "B" thereof.

(2) “A” shall notify “B” of all matters necessary for the operation and transport of vehicles of “B”, such as administrative instructions or announcements of related agencies or related organizations, in return for the payment of the above management entrustment fees.

In addition, "A" shall act on its behalf at the request of "B" for administrative management, additional tax reporting, bonded transportation, insurance management, etc., and the expenses incurred therein shall be borne by "B".

Article 13 (Piracy) (2) In any of the following cases, “A” may unilaterally cancel this contract without a peremptory notice of performance, and “A” may recover from “B” the number plate, the ownership of “A”, and suspend the operation of the vehicle:

1. Not less than three months the burden of "B" under Article 5 (Management Fee) is imposed.

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