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(영문) 서울서부지방법원 2016.07.22 2016나1322
관리비 등
Text

1. Each appeal filed by the Defendants against the Plaintiff is dismissed.

2. The costs of appeal are assessed against the Defendants.

purport, purport, and.

Reasons

1. Basic facts

A. On September 2010, the Plaintiff is a general trucking business operator, and around September 2010, the Plaintiff entered into an entrustment management with respect to CRano 4.5 tons of vehicles owned by the Plaintiff (hereinafter “instant vehicle”). Defendant B jointly and severally guaranteed the Defendant A’s obligation to pay management fees, insurance premiums, etc. according to the instant consignment management contract.

Article 6 (Management Expenses) B (referring to the defendant) shall pay management expenses each month to A (referring to the plaintiff).

Article 12 (Penalty) A shall compensate for any violation of Acts and subordinate statutes and administrative measures due to the operation of a vehicle of Article 12 (Penalty) and any damage caused by it to A within the prescribed period, and the civil or criminal liability incurred in the event of failure to pay shall be borne by B.

Article 14 (Compensation for Accidents) Section 14 (Compensation for Accidents) shall bear all responsibility for and all civil and criminal liability for any traffic accident, cargo accident, industrial accident, and other tort which occurred in connection with the management of the above vehicle.

Article 16 (Collection in Arrears) Taxes and public charges, deductible contributions, comprehensive insurance contributions, entrusted management expenses, etc. shall be borne by 2 percent per month or more in arrears for at least one month, and where the payment is in arrears for at least three months, A may offset the entrusted vehicle of B by collecting and disposing of the entrusted vehicle of B without the consent of B and settle the amount in arrears.

In any of the following cases, A may unilaterally take measures to deliver vehicles and suspend the operation without a notice of performance and cancel the suspension of operation:

1. Where management expenses are in arrears for not less than three months;

2. When he/she evades a regular inspection or inspection of a vehicle;

B. From October 2010 to February 2014, Defendant A failed to pay KRW 5,959,800, including management expenses, insurance premiums, automobile taxes, environmental improvement charges, speed violations, and fines for negligence violating parking regulations while operating the instant vehicle.

C. On February 21, 2014, the Plaintiff filed the instant lawsuit and entered into a written complaint with the Defendant A an entrustment management contract.

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