소유권이전등록
Defendant B terminated the consignment management contract on July 2, 2019 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.
1. On July 25, 2016, Defendant B: (a) entrusted the Plaintiff with the registration title of the instant automobile; and (b) entrusted with the Plaintiff with the management right to the instant automobile; (c) concluded the consignment management contract under which Defendant B bears all expenses incurred in the management and operation of the instant automobile, including the entrusted management expenses, taxes, public charges, and the insurance premium for the instant automobile (hereinafter “instant contract”).
2) Defendant C jointly and severally guaranteed the obligation owed by Defendant C to the Plaintiff under the instant contract.
B. On July 2, 2019, the Plaintiff expressed to Defendant B the intent to terminate the instant contract on the grounds that the entrusted management expenses, insurance premiums, etc. were unpaid.
(c)
As of June 16, 2020, Defendant B paid KRW 2,006,480 to the Plaintiff aggregate of the entrusted management expenses and the comprehensive insurance premium, etc.
[Reasons for Recognition] Defendant B: A without dispute, each entry in Gap evidence Nos. 1 through 6, and the purport of the whole pleadings: Defendant C: deemed confession (Article 150(3) and (1) of the Civil Procedure Act)
2. Determination
A. According to the facts of recognition under Paragraph (1) above, the instant contract was terminated on July 2, 2019.
As such, Defendant B is obligated to take over the registration procedure for transfer of ownership from the Plaintiff on the instant motor vehicle on the ground of the above contract termination.
B. A. The Defendants jointly and severally have a duty to jointly and severally pay to the Plaintiff the delayed damages at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 16, 2020 to the date of full payment after the delivery of the complaint of this case to the above Defendant B, and from July 1, 2020 to the date of full payment, the Defendant C has a duty to pay the delayed damages at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 16, 2020 to the date of full payment after the complaint of this case was served to the said Defendant. < Amended by Presidential Decree No. 20693, Jul. 1, 2020>