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(영문) 대전지방법원 2016.09.29 2016가단162

소유권이전등록신청절차인수등

Text

1. The defendant shall pay 8,100,000 won to the plaintiff and 15% per annum from July 6, 2016 to the day of complete payment.

Reasons

Facts of recognition

A. A. On April 2010, the Plaintiff, a trucking transport business entity, entered into an entrusted management agreement with the Defendant to use the instant vehicle upon being entrusted with the management right by the Plaintiff and pay the Plaintiff the management fee of KRW 180,000 per month (hereinafter “instant entrusted management agreement”).

On October 25, 2012, the Plaintiff entered into a contract with the Defendant to renew the period of the instant consignment management contract.

(B) D, the husband of the Defendant, guaranteed the Defendant’s obligation under the instant consignment management contract to the Plaintiff, and D actually used the instant vehicle and operated the transportation business.

Article 15 (2) A of the Management Contract of this case

In the subparagraph, if the defendant fails to pay the entrusted management fee for at least three months, the plaintiff may terminate the entrusted management contract of this case.

C. Around December 22, 2015, the Plaintiff urged the Defendant to pay a total of KRW 7,480,000 to the Defendant from July 22, 2012 to the time, and notified the Defendant that the instant consignment management contract will be terminated if the said money is not paid by December 31, 2015.

On March 2016, the Defendant had filed a transfer registration of ownership with respect to the instant vehicle with respect to the Plaintiff around March 2016 during the instant lawsuit.

[Ground of recognition] Fact-finding without dispute, Gap evidence Nos. 1 through 5 and 7 (including branch numbers, if any) and the purport of the whole pleadings is determined, barring any other special circumstances, the defendant shall claim to the plaintiff of this case the claim and claim of this case as claimed by the plaintiff against Gap, the sum of the amount equivalent to the unpaid entrusted management fees under the entrusted management contract of this case from July 2012 to March 2016 (=180,000 won x 45 months) and as claimed by the plaintiff.