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(영문) 대전지방법원 2017.07.21 2017가단5416

자동차명의이전등록절차이행 등

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1. Defendant A Co., Ltd. terminated the consignment management contract on March 8, 2017 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Basic facts

A. On July 23, 2006, the Plaintiff registered the owner of the motor vehicle indicated in the separate sheet (hereinafter “instant motor vehicle”) with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) as the Plaintiff. However, the Plaintiff entrusted the Defendant Co., Ltd with the right to operate and manage the motor vehicle and entered into the entrustment contract (hereinafter “instant contract”) with the Defendant Co., Ltd. to pay 250,000 won and taxes and public charges per month to the Plaintiff. Defendant B jointly and severally guaranteed the Defendant Co., Ltd.’s obligation under the instant

B. According to the instant contract, when the Defendant Company failed to perform its contractual obligations for not less than three months, the Plaintiff may terminate the instant contract without the notice of performance.

As of February 7, 2017, Defendant Company did not pay KRW 5,473,165, such as management expenses exceeding three months.

C. The Plaintiff expressed to the Defendant Company the intent to terminate the instant contract by serving a copy of the instant complaint on the grounds of delinquency, such as management expenses, etc., and the duplicate of the instant complaint was served on the Defendant Company on March 8, 2017.

As of June 28, 2017, which was the date of the closing of the instant argument, the unpaid management expenses, etc. of the Defendant Company are KRW 4,934,626.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, and 6, the purport of the whole pleadings

2. According to the above facts of determination, the instant contract was lawfully terminated on March 8, 2017, and the Defendant Company is obligated to take over the transfer registration procedure for the instant automobile from the Plaintiff on March 8, 2017. The Defendants are jointly and severally liable to pay to the Plaintiff delay damages calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 29, 2017 to the date of full payment, as the Plaintiff seeks.

3. The plaintiff's claim is reasonable.