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(영문) 인천지방법원 2016.03.23 2015가단15084
자동차인도등
Text

1. The defendant shall be the plaintiff.

(a) deliver a motor vehicle listed in the separate sheet;

B. Compulsory execution of the above automobile delivery is enforced.

Reasons

1. Determination as to the cause of claim

A. Fact 1) The Plaintiff is a company operating a cargo transport business, etc., and on August 27, 2010, the Plaintiff is a motor vehicle listed in the attached Table B (hereinafter “instant motor vehicle”).

On July 8, 2013, the Plaintiff entered into a contract for the management of the instant motor vehicle between D and D with respect to the instant motor vehicle (hereinafter “instant contract for the management of the said motor vehicle”), and B jointly and severally guaranteed the obligation of D to the Plaintiff under the instant contract for the management of the said motor vehicle.

3) Article 5(1) of the instant consignment management contract provides that “D shall pay KRW 2.50,000 per month admission fees to the Plaintiff entrusted with the right to operate and manage the vehicle for the entrusted vehicle,” and Article 6 of the instant consignment management contract provides that “D shall bear all expenses incurred in the management of the vehicle, such as breakdowns, repair and drinking water, taxes and public charges, insurance premiums, etc. after taking over the vehicle, and all other expenses incurred in the management of the vehicle.” However, D delayed payment of KRW 2 million for the entrusted management fees under the instant consignment management contract, and delayed payment of the vehicle inspection delay and the automobile tax due to the purchase of the automobile mandatory insurance from November 2013.

5) The Defendant, without the Plaintiff’s consent, currently occupies the instant motor vehicle from B, and the value of the instant motor vehicle is KRW 15 million. [No. 1, 2, and No. 2, each entry and the purport of the entire pleadings, based on the recognition, are as follows.

B. The judgment on the consignment management contract between the owner of a vehicle and the trucking business operator is based on a trust of the name of the vehicle owned by the owner of the vehicle (hereinafter “the owner of the vehicle”) to the trucking business operator (hereinafter “the owner of the vehicle”), and the ownership and the right to manage the vehicle belongs to the company to which the ownership and the right to manage the vehicle belongs.

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