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(영문) 인천지방법원 2018.07.17 2017나9046

자동차소유권이전등록절차이행

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1.On a request for change in exchange in the trial, the judgment of the first instance shall be changed as follows:

The defendant.

Reasons

1. Under Article 4 (Legal Responsibilities of the Entrusted Borrower), the Defendant shall carry on the transport business on its own account after completing its independent business registration, and shall be subject to all civil and criminal responsibilities as an independent business operator.

Article 6 (Entrustment Management Expenses, etc.) (1) The defendant shall pay the plaintiff the expenses incurred in managing the above vehicle, such as entrusted management expenses.

② The Defendant shall pay 200,000 won (excluding value-added tax) for the management expenses of the instant vehicle by the end of each month, and the management expenses may be adjusted according to the inflation rate that the Plaintiff changes each year.

Article 7 (Liability for Expenses and Expenses Incurred in Managing Vehicles) (1) The defendant shall bear all the expenses incurred in the management of the vehicle, such as breakdown, repair, oil supply, taxes and public charges, insurance premiums, penalty surcharges, additional contributions to the vehicle, etc.

Article 11 (Penalty) The penalty for violation of all laws and regulations and administrative measures following the defendant's vehicle operation and the damages inflicted on the plaintiff as a result thereof shall be paid within the prescribed period, and the civil and criminal liability arising from the failure to pay shall be imposed on the defendant.

Article 19 (Cancellation of Contract) (2) In any of the following cases, the plaintiff may unilaterally cancel this contract to the defendant without a peremptory notice of performance, and recover the number plate, which is the ticket for the vehicle:

1. When he/she evades the civil or criminal liability under Article 4, or fails to pay all the charges to be paid to the plaintiff for at least three months;

A. On May 9, 2016, the Plaintiff: (a) the Defendant registered the instant vehicle in the name of the Plaintiff; (b) the Plaintiff entered into a truck consignment management contract with the Defendant, which entrusts the Defendant with the right to manage cargo transportation services for the instant vehicle (hereinafter “instant consignment contract”); and (c) the main contents are as follows.

B. The Defendant did not pay all the charges, such as management expenses to be paid to the Plaintiff under the instant consignment contract for at least three months.

(c).