자동차소유권이전등록
1. The Defendant terminated the consignment management contract on December 31, 2015 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.
1. Evidence A through A5, and the purport of the whole pleadings, which have been recognized;
A. On May 10, 2013, the Plaintiff entered into an entrustment management contract with the Defendant to the effect that the ownership of the instant vehicle was transferred from the Defendant for a period of five years to the end of the period of entrustment, and that the Defendant would operate the instant vehicle by using the instant vehicle, and that the Defendant would pay the consignment fee, automobile mutual aid insurance premium, partnership premium, administrative fine, tax and public dues, etc. to the Plaintiff, and that the contract may be terminated if the Defendant did not pay the consignment fee for at least three months.
B. The Defendant did not pay the commission fee to be paid every month and the insurance premium to be subscribed to mutual aid.
C. On December 31, 2015, the Plaintiff expressed his/her intent to terminate the consignment management contract to the Defendant on the ground that “the Defendant failed to pay the insurance premium paid by the Plaintiff on behalf of the Plaintiff after concluding the contract and the consignment fee for at least three months.”
2. The allegations by the parties and the judgment of this court
A. (1) The Plaintiff’s assertion (1) that the Defendant’s assertion was not able to maintain the above consignment management contract any longer due to mutual trust relationship, such as the failure to pay the commission fee to be paid each month and the unpaid insurance premium for automobile mutual aid owned by the Defendant, and the Defendant failed to pay the commission fee for more
(2) The Defendant’s counterclaim fails to pay the commission fee, but the late payment charge is adjusted so as not to increase.
B. In full view of the above facts acknowledged by the court and the circumstances where the defendant voluntarily recognized the delinquency in the entrustment fee, the above entrustment management contract cannot be maintained as the trust relationship between the plaintiff and the defendant was destroyed and the defendant did not pay the entrustment fee for more than three months, and the termination of the above entrustment management contract by the plaintiff is justified.
3. If so, the Defendant terminated the consignment management contract on December 31, 2015 with respect to the instant automobile from the Plaintiff.