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(영문) 의정부지방법원 2017.09.08 2017가단8333
자동차소유권이전등록절차 인수
Text

1. On April 14, 2017, the Defendant terminated the consignment management contract for the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Basic facts

A. On December 13, 2013, the Plaintiff entered into an entrustment management contract (hereinafter “instant entrustment management contract”) with the Defendant as to an automobile listed in the separate sheet (hereinafter “instant automobile”) and completed the transfer of ownership on the same day in the name of the Plaintiff.

B. According to the entrusted management contract of this case, the defendant shall pay 150,000 won per month to the plaintiff as entrusted management expenses, and bear the tax and public charges on the motor vehicle of this case. If the entrusted management expenses, etc. to be paid by the defendant to the plaintiff every month are overdue for more than 3 months, the plaintiff may terminate the entrusted management contract of this case.

C. As of April 12, 2017, the Defendant did not pay 2,166,530 won in total, including consignment management expenses, etc. exceeding three months.

The copy of the complaint of this case containing the Plaintiff’s declaration that “the termination of the entrusted management contract of this case on the grounds of the Defendant’s failure to pay the entrusted management fees, etc.” was delivered to the Defendant on April 14, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, purport of whole pleadings

2. According to the facts of the judgment on the cause of the claim, since the entrusted management contract of this case was lawfully terminated on April 14, 2017 due to the Defendant’s delinquency in the entrusted management expenses, the Defendant is obligated to take over the transfer of ownership registration procedure against the Plaintiff on April 14, 2017 with respect to the instant motor vehicle on the ground of termination of the entrusted management contract of this case.

On the other hand, the Defendant submitted only a document containing the contents of “preficiencies,” which read “conficiencies due to business depression and a decrease in sales, and it is difficult to pay the monthly entrusted management expenses because of excessive claims or too much, it is difficult for the Defendant to pay the overdue entrusted management expenses in installments from April 2017 to June 2017.” The Defendant did not appear at least once on the date of mediation and the date of pleading as set by this court.

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