Text
1. On January 2, 2017, the Defendant (Counterclaim Defendant) against the Plaintiff (Counterclaim Defendant) on an automobile indicated in the separate sheet.
Reasons
1. Basic facts
A. On December 8, 2003, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is a company that runs the transportation business upon obtaining permission for the general trucking transportation business. The Plaintiff (Counterclaim Plaintiff; hereinafter “Defendant”) is a company that runs the transportation business with the business name registered on December 8, 2003.
B. On March 14, 2003, the Defendant completed the transfer of ownership registration in the name of the Defendant with respect to the automobiles listed in the attached list (hereinafter “instant automobiles”), and concluded the entrustment management contract with C on April 22, 2003.
C. On March 23, 2004, the Plaintiff succeeded to the status of C, the ownership of the instant vehicle, which is in fact owned by the Plaintiff, belongs to the Defendant, and the Plaintiff entered into an entrustment management contract with the Defendant, under which the Defendant is entrusted with the right to operate and manage the instant vehicle and pay a certain amount of management expenses to the Defendant (hereinafter “instant consignment management contract”).
The Plaintiff requested the Defendant to transfer ownership of the instant vehicle to run an individual trucking transport business, but the Defendant rejected such request.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including additional numbers), Eul evidence No. 1 (the plaintiff denied the authenticity of Eul evidence No. 1, but no other contract exists between the plaintiff and the defendant, and the plaintiff's registration vehicle account books on March 23, 2004 were entered as the plaintiff succeeded to the unpaid amount of payment of Eul, and the purport of the whole pleadings as a whole, and the purport of the whole pleadings.
2. According to the above facts of recognition as to the claim of this case, the above entrustment management contract of this case was registered in the name of the defendant, who is the freight trucking service operator, and belongs to the defendant, and its ownership and operation and management rights are vested in the defendant.