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(영문) 부산지방법원 2015.11.27 2015가단41455

자동차소유권이전등록

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1. Defendant A is entrusted with the transport business of June 23, 2015 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. The following facts of recognition are not in dispute between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence 1 to 6, and Eul evidence 1.

On March 208, the Plaintiff transferred the ownership of a motor vehicle listed in the separate sheet (hereinafter referred to as “the instant motor vehicle”) owned by Defendant A in the name of the Plaintiff, and entrusted the management right to Defendant A, but entered into an entrustment contract for transportation business (hereinafter referred to as “the instant entrustment contract”) with the content that the management right shall be paid in 220,000 won (including value-added tax) each month from Defendant A as management fees (hereinafter referred to as “management fees”) and the Defendant B jointly and severally guaranteed the obligation to pay the Plaintiff, such as management fees, according to the instant entrustment contract.

B. Meanwhile, according to the entrustment contract of this case, the defendant A bears the repair expenses, oil expenses, taxes, public charges, and insurance premiums, etc. in addition to paying the above management expenses every month to the plaintiff. If the above management expenses, etc. are overdue for not less than three months, the plaintiff can terminate the entrustment contract of this case.

C. Under the instant consignment contract, the Plaintiff completed the ownership transfer registration on March 20, 208 with respect to the instant automobile, and the Defendant A operated the instant automobile and operated the freight trucking services.

However, as of May 21, 2015, Defendant A did not pay management expenses, etc. under the entrustment contract of this case for more than three months, and the amount of arrears was KRW 11,69,530 (=a total of KRW 7,952,92,920, including unpaid management expenses and insurance premiums).

E. Meanwhile, the instant complaint was served on June 23, 2015 on the part of the Defendant A to the effect that the instant consignment contract is terminated on the grounds of delinquency, such as Defendant A’s management expenses.

F. The above D.

The management expenses and management expenses incurred in relation to the instant motor vehicle from the base date to September 10, 2015.