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(영문) 부산지방법원동부지원 2016.08.23 2015가단22672

차량소유권이전등록이행 등

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 24,686,540 and the interest rate thereon from December 25, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 13, 2011, the Plaintiff Company (hereinafter the Plaintiff Company changed its trade name on November 27, 201 to A from Company D) for trucking transport business entered into an entrustment management agreement (hereinafter “instant consignment management agreement”) with the purport that the Defendants (the trustee manager and Defendant C signed and sealed each of them as joint and several sureties) and the vehicles listed in the separate sheet purchased by Defendant C from E on September 7, 2005 (hereinafter “instant vehicle”) shall be included in the Plaintiff Company, and the Defendants shall pay KRW 275,00 (including value-added tax) as the monthly management expenses of the Plaintiff Company.

B. On June 13, 2011, the Plaintiff Company drafted an entrustment contract with the Defendants, and the said contract contains the following descriptions:

Article 5 (Entrustment Management Fee) B (hereinafter referred to as the "Defendant") shall pay to A (hereinafter referred to as the "Plaintiff") the amount of KRW 250,000 (excluding value-added tax) as the monthly entrustment fee in return for acceptance of management rights.

Article 6 (Management Responsibility) (1) B shall bear his/her responsibility for repair of breakdowns, oil, taxes and public charges, etc. arising from the operation and management of vehicles, and shall subscribe to the comprehensive motor vehicle insurance (integrated deduction) in preparation for any accident.

Article 7 (Observance of Relevant Acts and Subordinate Statutes, etc.) (1) He/she shall faithfully observe the relevant Acts and subordinate statutes and administrative instructions of the relevant authorities, shall take charge of any disadvantage caused by non-performance, violation, delay, etc., and the aggregate of penalties imposed on A and B pursuant to the Acts and subordinate statutes and the joint penal provisions shall be paid within the payment period.

Article 13 (Transfer of Management Right) (1) B shall not transfer the right of entrustment to a third party without the consent of A, and if it is impossible to carry out a transportation business, the right of management shall be returned to A without fail.

(2) B shall liquidate taxes and public charges, penalties, management fees, installment payments, and other debts which have arisen during the period of the principal's entrustment.