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(영문) 서울남부지방법원 2018.04.27 2017가단14677 (1)

체납관리비 및 차량이전신청

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1. The Defendant terminated the consignment management contract as of January 10, 2018 with respect to the motor vehicles stated in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 22, 2007, the Plaintiff and the Defendant entered into a consignment management contract (hereinafter “instant contract”) with respect to the motor vehicles listed in the separate sheet (hereinafter “instant motor vehicles”) and agreed to pay KRW 150,000 (excluding value-added tax) as the monthly consignment cost. The main contents of the contract are as follows.

Article 5 (Entrustment Management Fee) (1) The defendant shall pay 150,000 won (excluding value-added tax) as management expenses each month to the plaintiff who entrusted the operation and management right in return for the entrustment.

Article 6 (Tax and Public Charges) (1) The defendant shall bear all the expenses incurred in the management and operation of vehicles, such as breakdowns, repair and oil, taxes and public charges, amount to be deducted, and insurance premiums, after taking over the vehicle.

Article 11 (Imposition of Penalty) The defendant shall bear the penalty for violation of the provisions of law and administrative measures following the operation of a vehicle and the amount of penalty resulting therefrom, which shall cause damage to the plaintiff.

Article 17 (Cancellation of Contract) (2) In any of the following cases, the plaintiff may unilaterally cancel the contract without a peremptory notice of performance:

1. When he/she fails to pay the burden under Article 5 and all the defendants for at least three months;

B. The Defendant, who filed the instant lawsuit around May 29, 2017, failed to pay management expenses, etc. in excess of the amount corresponding to the entrusted management expenses for more than three months. As of January 2, 2018, the Defendant paid the entrusted management expenses, insurance premiums, etc. that the Defendant failed to pay as of January 2, 2018, and the fine for negligence for violating unpaid parking regulations (two cases) reaches KRW 80,000 and the unpaid sampling parking penalty surcharge amount to KRW 800,000.

A copy of the complaint of this case, which the Plaintiff declared to the Defendant that the contract of this case was terminated, was served on or around June 7, 2017, and on January 4, 2018, the copy of the complaint of this case and the application for modification of the cause of the claim were served on or around January 10, 2018, respectively, to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 4, evidence 21, 23, and evidence 32 to 37, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim.