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(영문) 서울고등법원 2016.07.22 2014나2049003

자동차소유권이전등록절차이행 등

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1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is the Plaintiff-Counterclaim Defendant, and (1) 11,390.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. (1) On June 1, 2003, the Plaintiff and the Defendant indicated in [Attachment 1] Nos. 1, 1, 2, and 1 List Nos. 2, attached Table Nos. 1, 1, 1, and 2 are vehicles operated in entirety with the head of the vehicle and the part of the bitr in appearance, and only a separate number plate is attached to each other.

With respect to each of the motor vehicles indicated above, the owner shall be left the defendant, and the plaintiff entered into an entrustment management contract with the defendant to pay management expenses, taxes and public charges, etc. to the defendant while operating and managing the motor vehicle on his/her own account by being entrusted with the independent operation and management right by the defendant (hereinafter “instant entrustment management contract”), and the main contents of the above contract are as follows:

Article 3 (Period of Entrustment Management) The period of entrusted management of this contract shall be two years from the date of conclusion of the contract, but shall be deemed extended if the period expires, except in extenuating circumstances.

Article 4 (Deposit) (1) “B” shall, for the consignment of vehicle management registered in the name of “A”, take over a vehicle on condition that Party B shall pay 10,000,000 won in cash for the total amount of 5,000,000 won, including funds for purchasing vehicles (I feed transportation Tr) in cash, and the remaining amount of KRW 45,00,000,000 in borrowing from Party A, and the borrowing amount shall be paid 22 times a month (2,00,000,000 each month) in installments.

In order to guarantee the full payment of the above loans, Eul shall issue to Gap a blank bill and a letter of delegation to supplement the blank bill.

The interest on the balance of the above 45,000,000 Won will be payable by 1% per month.

Article 5 (Entrustment Management Fee) (1) B shall pay 250,000 won monthly management fee to A in return for the entrustment of operation and management right.

(2) The Plaintiff and the Defendant on August 2013.