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(영문) 인천지방법원 2019.02.14 2017나12646

화물자동차 인수절차이행

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall set forth in the separate sheet No. 1 from the plaintiff.

Reasons

1. Basic facts

A. On April 21, 1992, the Plaintiff entered into an entrustment management contract (hereinafter “instant consignment management contract”) with the Defendant to the effect that the ownership on the instant cargo vehicle register is the Plaintiff’s name (the trade name before the change on November 23, 2005: D Co.), and that the Plaintiff would entrust the instant cargo vehicle’s management right to operate and manage the instant cargo on its own account to receive the entrusted management fee of KRW 275,880 per month from the Defendant, instead of operating the instant cargo on its own account.

The main contents thereof are as follows:

Article 3 (Period of Entrustment Management) The entrusted management period of this Agreement shall be two years, and the contract shall be renewed by giving priority to the defendant, except in extenuating circumstances.

Article 5 (Entrustment Management Fee) The defendant shall pay 275,880 won monthly management fee to the plaintiff in return for the entrustment of the operation and management right.

Article 6 (Management of Vehicles) The defendant shall bear all expenses incurred in the management and operation of the vehicle, such as breakdowns, repairs and oil supplies, taxes and public charges, insurance premiums, etc. after taking over the vehicle.

Article 11 (Penalty, etc.) The defendant shall bear the penalty for violation of the provisions of law and administrative measures following the operation of a vehicle and the amount of penalty resulting therefrom, which shall cause damage to the plaintiff.

Article 15 (Collection in Arrears) Taxes and public charges, deductible contributions, comprehensive insurance contributions, entrusted management expenses, installment payments at the time of purchase of a vehicle in arrears for not less than one month shall be borne by interest of 1/1 per month, and in cases of default for not less than three months, the plaintiff shall be deemed to have settled the deposit by arbitrarily recovering and disposing of the vehicle in arrears without the consent of the defendant and offsetting it with the delinquent amount, and if insufficient,

Article 16 (Cancellation of Contract) (1) Even during the term of this Agreement, the termination may be made by mutual agreement between the plaintiff and the defendant.

(2) In any of the following cases, the plaintiff may unilaterally cancel the contract without a peremptory notice of performance: