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(영문) 대구지방법원 2017.10.12 2017가단108964

소유권이전등록

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1. Defendant A terminated the consignment management contract on April 30, 2017 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 12, 2016, the Plaintiff entered into an entrustment management contract with Defendant A, stating that Defendant A invested in kind the instant vehicle in the name of the Plaintiff and registered it in the name of the Plaintiff, but the Plaintiff entered into an entrustment contract with the Defendant A with respect to the entrustment of the operation and management rights of cargo transportation services for the instant vehicle (hereinafter “instant entrustment contract”).

In the case of the above contract, Defendant B jointly and severally guaranteed the obligation to be borne by Defendant A under the above entrustment contract.

B. According to the instant consignment contract, Defendant A shall pay to the Plaintiff the management fees of KRW 250,00 (excluding value-added tax) monthly, and where the management fees are in arrears for at least three months, the Plaintiff may terminate the consignment contract, and the Defendant A shall also bear the burden, such as the insurance premium for the automobile and the fine for the operation of the automobile.

C. However, as of April 2016, Defendant A did not pay management fees, automobile insurance premiums, etc. and reached KRW 3,557,380.

Accordingly, the Plaintiff expressed through the instant complaint that the instant consignment contract will be terminated on the grounds that Defendant A’s failure to pay management fees, etc., which was served on April 30, 2017.

After the filing of the instant lawsuit, the Plaintiff paid KRW 2,127,380, including the insurance premium, etc. of the instant vehicle on behalf of the Defendant A. From May to July of the same year, 2017, the management fee of KRW 825,00 (including value-added tax) was additionally incurred, and KRW 542,610 was additionally added to the total insurance premium for July 2017.

On the other hand, Defendant A paid KRW 1,500,000, out of the amount unpaid to the Plaintiff on May 16, 2017.

In addition, August 2017 and the same year

9. A total of KRW 550,00, KRW 542,610, which was the aggregate of the management fees, and KRW 456,100, which was the aggregate insurance premium for September 2017, was additionally incurred.

[Ground] Facts without dispute and evidence A1 to 9 respectively.