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(영문) 수원지방법원 여주지원 2018.11.27 2017가단8175
자동차소유권이전등록
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

A. From September 13, 2018 to November 27, 2018, KRW 3,635,752 and its amount.

Reasons

Facts of recognition

On December 20, 2014, the Plaintiff and the Defendant concluded an entrusted management contract (hereinafter “instant contract”) with respect to the instant automobile from December 17, 2014 to December 16, 2017.

Through the above contract, the Plaintiff registered the ownership of the instant vehicle in the name of the Defendant, who is a cargo transport service provider, and thereafter registered the ownership of the instant vehicle on the Plaintiff’s account by using the said vehicle, but paid KRW 165,00 per month to the Defendant with the admission fee (entrusted management fee) and paid the penalty incurred by the vehicle operation.

In addition, the defendant paid the transportation charge to the plaintiff according to the plaintiff's actual transportation record.

Around December 2014, the Defendant completed the ownership transfer registration of the instant motor vehicle according to the instant contract.

(Reasons for recognition) Facts without dispute, entry of Gap evidence 1, purport of whole pleadings.

As to the claim of the party's principal claim, the contract of this case was terminated on December 16, 2017, and the defendant must implement the procedure for the registration of transfer of ownership on the instant motor vehicle to the plaintiff.

The defendant's obligation to register the ownership transfer of the automobile against the plaintiff and the obligation to pay the plaintiff's fees and fines for negligence to the defendant are jointly performed.

As to a counterclaim claim, the plaintiff shall pay to the defendant an admission fee from April 2015 and an administrative fine imposed on the defendant in relation to the operation of the motor vehicle of this case pursuant to the contract of this case.

Plaintiff

The Defendant shall pay to the Plaintiff the transportation fee incurred from the operation of the instant vehicle from February 2, 2015 to March 2015.

The plaintiff set off such a transportation fee claim and the defendant's claim, such as the defendant's admission fee, from an equal amount.

Judgment

According to the above facts as to the claim of this case, since the contract of this case was terminated on December 16, 2017 due to the expiration of the period, the defendant is about the automobile of this case on the ground of the termination of the entrusted management contract.

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