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(영문) 대전지방법원 2016.09.08 2016나1203

자동차소유권이전등록절차인수

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1. The judgment of the first instance court, including the plaintiff's claim expanded in the trial, shall be modified as follows:

A. The defendant is a defendant.

Reasons

Basic Facts

On May 24, 2012, the Plaintiff, as trucking freight trucking business operators, reverted the owner’s registration title to the Plaintiff. The Defendant entrusted the Plaintiff with the right to manage vehicles, such as transportation business, for the instant automobiles, and used it by the Plaintiff, but paid the Plaintiff KRW 165,00 (including value-added tax; hereinafter “management fees”) on the third day of each month, and agreed to the consignment with the effect that the Plaintiff will bear the tax, public charges, insurance premiums, penalty charges, etc. related to the instant automobiles.

(hereinafter “instant consignment agreement.” In the instant consignment agreement, the Plaintiff and the Defendant agreed to the effect that “When the Defendant did not pay management expenses more than twice,” the Plaintiff may terminate the contract, “if the Defendant did not pay the expenses more than once”, taxes and public charges, and insurance premiums, etc., the Plaintiff may terminate the contract. In the event the Defendant did not pay management expenses, taxes and public charges, insurance premiums, additional deductible charges, penalty charges, installment payments, etc. for not less than three months, 20% delay damages shall be paid per annum, and the amount and damages for the insurance premium portion caused by the Defendant’s accident during its operation shall be borne by the Defendant and paid to the Plaintiff by the Defendant.

As the Defendant did not pay the management expenses under the entrusted agreement at least twice, the Plaintiff expressed his/her intention to terminate the entrusted agreement of this case on the grounds of delinquency in management expenses, etc. by serving the written complaint of this case, and on August 18, 2015, the written complaint of this case was served on the Defendant.

Until August 18, 2016, which was the date of the closing of the instant argument, the Defendant delayed payment of KRW 32,210 as management expenses, ① the full amount of management expenses from November 2014, to December 2014, to July 2016, ② penalty imposed on May 15, 2015, and June 16, 2015, ② KRW 116,400 as management expenses, ③ local tax imposed on January 6, 2016, ③ KRW 22,500 as local tax, ④ the liability insurance premium imposed on May 24, 2016, ④ KRW 1,612,10 as the responsible insurance premium imposed on May 24, 201, ⑤ KRW 231,370 as the loaded goods premium paid on May 24, 2016.