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(영문) 서울중앙지방법원 2016.01.27 2015나42888
자동차소유권이전등록절차이행청구등
Text

1. The defendant's appeal is dismissed.

2. Upon the extended claim in the appellate trial, the Defendant is KRW 783,214 and the Plaintiff.

Reasons

1. On July 23, 2006, the Plaintiff, a trucking trucking business operator, registered the ownership of the instant vehicle in the name of the Plaintiff, and the Plaintiff entered into an entrustment management agreement under which the Defendant entrusted the Defendant with the right to operate and manage the instant trucking transport business and the Defendant would pay the commission management fees to the Plaintiff (hereinafter “instant management agreement”).

The management contract of this case began not to pay KRW 187,00,000 which was paid monthly from January 2014 (i.e., KRW 170,000,000), and the unpaid management fees up to September 2014 reached KRW 1,785,00.

After that, the Defendant continued to pay the management fees, and the sum of the unpaid management fees by January 2015 was KRW 2,465,000.

(1) Article 17(2)1 of the Management Contract of this case provides that the Plaintiff may cancel the contract when the Defendant fails to pay the management fees, etc. for at least three months, and the duplicate of the complaint of this case stating the declaration of the termination of the contract of this case was served on the Defendant on February 17, 2015.

[Ground of recognition] Facts without dispute, Gap 1 through 7, the purport of the whole pleadings

2. As above, the instant management contract was lawfully terminated by the Plaintiff on February 17, 2015, on the grounds that the Defendant did not pay the management fees, and the declaration of termination was served on the Defendant on February 17, 2015.

Therefore, the defendant should take over the ownership of the instant vehicle registered in the future of the plaintiff, and pay the unpaid management fees to the plaintiff until the management contract of this case is terminated.

When calculating the defendant's unpaid management fees, KRW 2,568,214 = 2015.

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