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(영문) 서울남부지방법원 2016.08.18 2016가단212887

소유권이전등록

Text

1. The Defendant terminated the consignment management contract of April 7, 2016 with respect to the vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Basic facts

A. On July 24, 2014, the Plaintiff and the Defendant agreed that the owner of the vehicle in the separate sheet (hereinafter “instant vehicle”) shall be the Plaintiff, and the Defendant shall operate and manage the vehicle on the Defendant’s account by being entrusted with the vehicle operation management right from the Plaintiff, but the Defendant shall pay the Plaintiff the monthly management fee, taxes and public charges on the vehicle, the association expenses, etc. (hereinafter “instant vehicle entrustment management contract”). The said contract concluded that the Plaintiff may terminate the instant vehicle entrustment management contract if the Defendant fails to pay the management fee, etc. for at least three months.

B. At the time of entering into the instant consignment management contract, the Defendant paid the security deposit to secure the Defendant’s obligation that may arise under the said contract, and paid the security deposit of KRW 8 million on July 23, 2014, KRW 1 million on the same month, and KRW 9 million on the aggregate to the Plaintiff.

C. Meanwhile, the Plaintiff and the Defendant agreed to return 30% of the deposit money to the Defendant when the instant vehicle entrustment management contract is terminated within two years of the contract period.

The Defendant failed to pay management expenses for more than three months after the instant vehicle entrustment management contract, and as of March 31, 2016, the management expenses, the taxes and public charges on vehicles, the association expenses to be paid by the Defendant to the Plaintiff as of March 31, 2016, and the total amount of KRW 4,171,910 (hereinafter referred to as “in cases of the Defendant’s payment of delinquent management expenses, the taxes and public charges on vehicles, and the association expenses, the “in

On March 8, 2016, the Plaintiff notified the Defendant of the payment of overdue management expenses, etc. and notified the Defendant that the instant consignment management contract will be terminated if the said money is not paid by March 15, 2016.

F. The instant complaint containing an expression of intent to terminate the instant entrustment management contract on the grounds of delinquency, such as the Defendant’s delinquent management fees.