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(영문) 인천지방법원 부천지원 2018.11.16 2018가단3795
위수탁계약해지및자동차소유권이전등록
Text

1. The Defendant terminated the consignment management contract from the Plaintiff on May 30, 2018 with respect to the motor vehicles listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On October 1, 2014, the Plaintiff entered into a contract for the management of the consignment (hereinafter “instant contract”) with the Defendant on the motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”). At the time, the following was included in the contract, and the agreement entered into between the Plaintiff and the Defendant on the same day as the consignment management contract entered into between the Plaintiff and the Defendant on the same day.

Article 2 (Indication of Vehicles subject to Entrustment and Management) The instant vehicle owned by the Defendant shall be invested in kind in the Plaintiff.

Article 3 (Period of Entrustment and Management) The period of entrustment and management under this contract shall be two years from October 1, 2014, and shall be deemed automatically extended, except in extenuating circumstances, between both parties one month before the expiration of the contract.

Article 4 (Legal Responsibility of Entrusted Borrower) The defendant shall be an independent business operator who comprehensively has been delegated with the entire operating rights of the above vehicle by the plaintiff and shall be fully responsible for civil and criminal matters.

Article 6 (Expenses, etc. for Trust Management) (1) The defendant shall pay to the plaintiff all expenses, such as expenses for the entrustment management of the above vehicle.

② The Defendant shall pay 190,000 won (excluding value-added tax) for the above vehicle to the Plaintiff by the 20th day of each month, and the above management expenses may be adjusted according to the inflation rate changed each year by mutual agreement between the Plaintiff and the Defendant.

Article 7 (Liability for Expenses and Management of Vehicles) (1) The defendant shall bear all expenses incurred in the management of the vehicle, such as breakdown, repair, oil supply, taxes and public charges, insurance premiums, penalty surcharges, additional contributions to be paid to the vehicle, etc.

Article 19 (Termination) (2) In any of the following cases, the plaintiff may unilaterally keep his/her vehicle in custody without a peremptory notice or may terminate the suspension of operation after taking measures against the defendant:

1. Three months of the charges that either avoid civil or criminal liability under Article 4 or should be paid to the Plaintiff.

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