자동차강제이전등록
1. The Defendant terminated the consignment management contract as of June 16, 2017 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.
1. Facts of recognition;
A. On May 30, 2016, the Plaintiff entered into an entrustment management contract under which the Defendant entered in the separate sheet (hereinafter “instant automobile”) under the name of the Plaintiff, and the Plaintiff entered into an entrustment contract under which the Plaintiff entrusts the Defendant with an operation and management right of the instant automobile (hereinafter “instant entrustment contract”). According to the instant entrustment contract, the Defendant bears all the expenses necessary for the management and operation of the instant automobile, including taxes, public charges, insurance premiums, etc., in addition to paying KRW 250,00 to the Plaintiff monthly consignment management fees. If the Plaintiff is delinquent for at least three months, the Plaintiff may terminate the instant entrustment contract.
B. The Defendant’s delayed payment of the above consignment management fees and various expenses for at least three months by April 2017 shall be KRW 1,526,240, and the Plaintiff terminated the instant consignment contract by the instant lawsuit on April 6, 2017. The duplicate of the complaint was served on the Defendant on June 16, 2017.
[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 5 evidence, purport of the whole pleadings
2. According to the fact of the above recognition, the instant contract was lawfully terminated on June 16, 2017, on which the duplicate of the complaint of this case containing the intent of termination on the grounds of delinquency in the Defendant’s entrustment management fees, etc. was delivered to the Defendant.
As such, on December 12, 2016, before the filing of the instant lawsuit, the Plaintiff sent to the Defendant a certificate of content to the effect that the contract of this case is terminated, but there is no evidence to confirm whether the contract has been terminated or not, so the date on which the copy of the instant complaint containing such declaration of intent was served to the Defendant is deemed the date of termination of the instant
The Defendant is obligated to take over the transfer registration procedure for the instant motor vehicle from the Plaintiff on June 16, 2017 due to the termination of the instant contract and pay the Plaintiff the sum of KRW 1,526,240,00, such as unpaid management fees.
As to this, the defendant shall pay unpaid amounts.