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(영문) 광주지방법원 2018.10.10 2018가단509227
소유권이전등록
Text

1. The defendant is based on the termination of the entrustment management contract with respect to the motor vehicles listed in the attached list to the plaintiff.

Reasons

1. Basic facts

A. On September 23, 2016, the Plaintiff, a cargo transport service provider, reverted to the Plaintiff the ownership of the instant motor vehicle as to the instant motor vehicle as indicated in the separate sheet (hereinafter “the instant motor vehicle”), and the Defendant, in practice, shall be entrusted with the management and operation right of the motor vehicle. However, in return for the entrustment, the Plaintiff entered into an entrustment management contract under which the Defendant shall pay the Plaintiff the management fee of KRW 230,000 per month (the instant contract).

B. The Defendant did not pay the management expenses under the instant contract from May 2, 2017 to the date, and did not pay the mutual aid premium of 186,280 won as of July 22, 2017, and 51,500 won as the stop and stop.

C. The Plaintiff requested the Defendant to pay the above management expenses, etc. twice on September 1, 2017 and January 15, 2018, but the Defendant failed to perform this.

The plaintiff expressed his/her intent to terminate the contract of this case on the grounds of non-payment such as management expenses, etc. by the delivery of the duplicate of the complaint of this case, and the duplicate of the complaint reaches the defendant on March 26, 2018.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, and 3's statements, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the plaintiff's service of the copy of the complaint of this case was terminated due to the defendant's non-performance of obligation under the contract of this case.

Therefore, the Defendant is obligated to take over the transfer registration procedure for the instant automobile from the Plaintiff on the ground of termination of the instant contract.

B. The Defendant asserted that the Defendant received KRW 30 million while transferring the freight consignor’s license held by the Defendant to the Plaintiff at the time of the instant contract, and the Plaintiff’s representative director promised that “the above KRW 30 million shall be borrowed, and when the dispatch relationship is terminated, the shipowner’s license shall be transferred to the Defendant again, and the KRW 30 million shall be refunded.”

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