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(영문) 의정부지방법원 2017.06.22 2016가단35987
자동차소유권이전등록절차이행 등
Text

1. The defendant is based on the termination of the entrustment management contract with respect to the motor vehicles listed in the attached list from the plaintiff.

Reasons

1. On August 2015, the Plaintiff entered into an entrustment management agreement with the Defendant on the attached list (hereinafter “instant motor vehicle”) with respect to the motor vehicles indicated in the attached list (hereinafter “the instant motor vehicle”). Around August 2015, the Plaintiff entered into the said entrustment management agreement with the Defendant on the following: (a) the Defendant, while operating and managing the motor vehicle, shall transfer the name of the relevant motor vehicle; (b) all acts and expenditures (motor vehicle failure, repair, drinking oil, etc.); (c) taxes, public charges, public charges, insurance premiums, etc.; and (d) that the Plaintiff shall pay management fees of KRW 290,00 per month to the Plaintiff; (b) the Defendant did not pay management fees, etc. after the conclusion of the instant entrustment management agreement; and (c) the Plaintiff did not have any dispute over the instant consignment management agreement with the Defendant on the total amount of KRW 6,410,830 (management fees, KRW 40,952,640; (c) environmental improvement charges, KRW 2790, KRW 390; and (d) 3616.6).16

According to the above facts, since the above consignment management contract of this case was lawfully terminated by the delivery of the above content-certified mail, the defendant is obligated to take over the transfer registration procedure of this case from the plaintiff on the ground of the termination of the above consignment management contract.

In addition, the defendant is obligated to pay damages for delay calculated at the rate of 15% per annum from December 13, 2016 to the day of full payment, which is the day following the day when the copy of the complaint claimed by the plaintiff was served on the defendant, such as management expenses, etc. unpaid to the plaintiff, and from December 13, 2016 to the day of full payment.

2. Conclusion, the plaintiff's claim of this case is reasonable.

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