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(영문) 대구지방법원 2016.04.20 2015나9248
자동차소유권이전 등록
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of trucking transport business.

B. On July 29, 2008, the Defendant: (a) entered into an entrustment management agreement with the Plaintiff on the part of the Plaintiff, under which the title of the ownership registration on the instant motor vehicle belongs to the Plaintiff; (b) the Plaintiff is entrusted with the right to operate and manage the instant motor vehicle; and (c) the Plaintiff shall be paid monthly entrusted management fees, insurance premiums, etc. (hereinafter “the first consignment management agreement”); and (d) reverted the ownership registration title of the instant motor vehicle to

C. On April 24, 2010, the Defendant concluded a consignment management contract with the Plaintiff on the same terms and conditions as the first consignment management contract with respect to the instant motor vehicle (hereinafter “the second consignment management contract”).

The second consignment management contract includes the following matters:

Article 5 (Entrustment Management Fee) (1) The defendant shall pay every month the management fee of the management fee in return for the entrustment to the plaintiff who entrusted the operation and management right (Article 180,00, VAT separate).

(2) The management fees may be adjusted by agreement between the plaintiff and the defendant.

Where the contract is renewed, if the amount of the management fees is adjusted and determined with the plaintiff, the defendant shall be deemed to have adjusted the same amount as the management fees newly determined with respect to the newly entrusted vehicle at that time, if the decision is not made within 30 days.

Article 17 (Cancellation of Contract) (2) In any of the following cases, the plaintiff may unilaterally cancel the contract without a peremptory notice of performance:

1. When he/she fails to pay the burden under Article 5 and all the defendants for at least three months;

2. When he/she evades an inspection of vehicle continuously;

D. From April 201, the Defendant did not pay the entrusted management fees, taxes and public charges, environmental improvement charges, etc. to the Plaintiff every month, and the Plaintiff, the owner of the instant vehicle, who did not undergo an automobile inspection, was subject to a disposition of a fine for negligence on several occasions.

The plaintiff.

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