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(영문) 창원지방법원마산지원 2015.11.27 2015가단5135
자동차명의이전등록
Text

1. The defendant is based on the termination of the entrustment contract as of June 26, 2015 with respect to the motor vehicles stated in the attached Form from the plaintiff.

Reasons

1. Basic facts

A. On June 2006, the Plaintiff and the Defendant entrusted the Defendant with the right to manage the transport business, and the Defendant concluded an entrustment contract with the terms that the Defendant pays 154,000 won per month management fees (management entrustment fees) to the Plaintiff and imposes various taxes and public charges on the Defendant.

(hereinafter “instant entrustment contract”). (b)

As of May 21, 2015, the defendant did not pay the management expenses from time to time, and as of May 21, 2015, the total amount of KRW 7,224,010 including the management expenses of KRW 6,352,92.

C. The instant consignment contract stipulated that the Plaintiff may terminate the contract without the notice of performance when the Defendant did not pay the contractual burden, including management expenses, for more than three months.

After the filing of the instant lawsuit to October 12, 2015, the Defendant fully repaid KRW 7,224,010, including the above overdue management expenses, to the Plaintiff several times.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as to the claim for the acquisition of the automobile ownership transfer registration procedure, the instant entrustment contract was lawfully terminated on June 26, 2015, which served on the Defendant, a copy of the instant complaint expressing the intention to terminate, as the Defendant did not pay the management expenses, etc. for more than three months and caused the Plaintiff’s contractual termination right.

Therefore, the defendant is obligated to take over the transfer registration procedure for the motor vehicle stated in the attached Form from the plaintiff due to the termination of the contract.

In this regard, the defendant asserts that since all overdue management expenses, etc. are repaid after the filing of the lawsuit in this case, the plaintiff cannot respond to the claim.

However, if the creditor has exercised the right to terminate the contract due to the occurrence of the non-performance of obligation, the obligation is thereafter established unless otherwise stipulated in the contract.

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