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(영문) 서울중앙지방법원 2018.07.11 2017가단5110000

소유권이전등록

Text

1. From the plaintiff

A. Defendant B on March 2, 2018

B. Defendant D shall be in attached Form 3.

Reasons

1. As to the defendant B (hereinafter referred to as the defendant only in this paragraph)

A. On May 1, 2012, the Plaintiff increased the KRW 250,000 (330,000 per month from August 2015) of the management expenses to be paid by the Plaintiff, the branch owner, the Defendant, the consignment management period of the Plaintiff, the management expenses to be paid by the Defendant for the instant truck between the Defendant and the Defendant.

(i) Management expenses, insurance premiums, penalty surcharges, etc. (hereinafter “management expenses, etc.”) incurred in the operation of vehicles;

(2) In the event that the Defendant was responsible for both, and the Defendant was in arrears for at least three months, the Defendant entered into an entrustment management contract by determining that the Plaintiff may terminate the contract. (2) The Defendant did not pay management expenses, etc. for at least three months, and the amount unpaid as of February 2018 is KRW 2,614,550 in total.

3) On February 23, 2018, the Plaintiff expressed his/her intent to terminate the entrusted management contract as the delivery of the application for modification of the purport of the claim and the cause of the claim. [Grounds for recognition] The evidence Nos. 1 through 9, No. 12-1, and No. 13 (including the provisional number, and the purport of the whole pleadings)

B. According to the above facts of recognition, the above consignment management contract is deemed to have been terminated as of March 2, 2018, when the purport of the claim containing the intent of termination and the application for modification of the cause of the claim were served on the Defendant. Thus, the Defendant is obligated to accept from the Plaintiff the transfer of ownership registration procedure for the motor vehicles listed in the separate sheet No. 1 as of March 2, 2018, and pay the Plaintiff KRW 2,614,550, including management expenses, etc., and delay damages.

Damages for delay are 2,614,50 won calculated by the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 3, 2018 to the date of full payment, which is the following day after the application for modification of the purpose of the claim and the cause of the claim is served.

The plaintiff did not claim the penalty against the defendant B.

In this regard, the defendant purchased the number plate of the motor vehicle listed in the annexed sheet No. 1 from the plaintiff in the amount of 3 million won.