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(영문) 부산지방법원서부지원 2020.01.15 2017가단107856
관리비
Text

1. On August 4, 2017, Defendant-Counterclaim C (Counterclaim Defendant) with respect to the vehicles indicated in the separate sheet from the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. On October 2015, the Plaintiff entered into an entrustment management contract with Defendant C with respect to the vehicles listed in the separate sheet (hereinafter “instant vehicle”) as follows (hereinafter “instant contract”).

Article 5 (Entrustment Management Fee) (1) (Defendant C) shall pay the management fee of KRW 200,00 (Additional Tax Separately) monthly to Party A (Plaintiff) who has entrusted the management right of KRW 200,000.

Article 6 (Management of Vehicles) (1) B shall bear all the expenses incurred in the management of vehicles, such as breakdowns, repair and oil, taxes and public charges, deductions, installment payments, insurance premiums, etc., after taking over the vehicle, and Article 11 (Punishment Money) (hereinafter referred to as "taxes") (hereinafter referred to as "taxes") shall bear all the expenses incurred in relation to the management of the vehicle, such as penalties for violation of Acts and subordinate statutes and administrative measures due to the operation

Article 17 (Cancellation of Contract) (1) In any of the following cases, A may unilaterally cancel the contract without a peremptory notice of performance:

1. When he/she fails to pay the tax and public charges, insurance premiums, charges and other charges under Article 5 and all kinds of charges for at least two months.

B. Defendant D jointly and severally guaranteed the obligation owed by Defendant C according to the instant contract.

C. On May 2, 2016, Defendant C deposited management expenses, etc. under the instant contract to the Plaintiff, but did not pay the management expenses, taxes, and public charges.

On July 21, 2017, the Plaintiff sent to Defendant C a content-certified mail demanding the payment of management expenses, taxes, public charges, etc. under the instant contract. However, on July 27, 2017, the Plaintiff notified Defendant C of his/her intention to terminate the instant contract by demanding the payment of unpaid management expenses, public charges, etc. by content-certified mail.

E. Nevertheless, Defendant C continues to engage in management expenses, etc. under the instant contract.

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