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(영문) 광주지방법원 2018.11.27 2018가단11157
자동차소유권이전등록수취이행
Text

1. The Defendant shall enter into an entrusted management contract with the Plaintiff on May 11, 2018 regarding the vehicles indicated in the separate sheet.

Reasons

1. Basic facts

A. On November 25, 2016, between the Defendant and the Plaintiff, the vehicle indicated in the separate sheet (hereinafter “instant vehicle”) was registered in the vehicle register in the name of the Plaintiff and reverted to the ownership of the said vehicle. In the inside, the Defendant entered into a contract on vehicle surface management with the effect that the Defendant would pay every month management fees in return for using the Plaintiff’s registered name of trucking services while operating the vehicle under the Defendant’s independent calculation upon being entrusted with the right to operate the vehicle from the Plaintiff and using the Plaintiff’s registered name of trucking services and handling the external management

(hereinafter referred to as “instant vehicle entrustment management contract” between the Plaintiff and the Defendant, and the re-contract was concluded with the same content on January 10, 2018 after the contract term of the said contract expires, and the management fee at the time was set at KRW 330,000 per month (including value-added tax).

B. The instant vehicle entrustment management contract includes an agreement that “tax and public charges imposed on the instant vehicle shall be paid by the Defendant, and where the Defendant fails to pay management expenses for at least three months, the contract may be terminated without any peremptory notice.”

C. As of April 4, 2018, the Defendant did not pay management expenses for more than three months to the Plaintiff, and the Plaintiff sent to the Defendant a written statement that the instant vehicle entrustment management contract is terminated, and the said written statement reached the Defendant on May 11, 2018.

The Defendant did not pay KRW 4,797,680 in total amount of the management expenses incurred between May 2017 and May 1, 2018, and taxes, environmental improvement contributions, public charges, and fines for negligence imposed on the instant vehicle that the Defendant agreed to bear, and the Defendant has used the instant vehicle for its cargo transport business until now.

[Ground of recognition] Evidence No. 1, Evidence No. 2-1, and 2-2, the whole purport of the pleading

2. Determination:

(a)in this case;

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