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(영문) 울산지방법원 2019.02.19 2018가단18398
자동차소유권이전등록 등
Text

1. The Defendant terminated the consignment management contract as of August 28, 2018 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. The Plaintiff entered into the consignment management contract (hereinafter “instant contract”) with the Defendant on March 13, 2017, with respect to the instant motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”).

The content is that the Defendant invested in kind the instant vehicle in the Plaintiff and registered it in the name of the Plaintiff, and the Plaintiff entrusts the Defendant with the transportation business using the said vehicle. From March 13, 2017 to March 12, 2019, the contract is automatically extended without the intention of termination of both parties. The Defendant bears various public charges imposed on the vehicle while running the transportation business with the said vehicle for its own account. The Defendant is to pay the Plaintiff KRW 300,000,000, including the management fee of KRW 297,000 (including additional tax) and the association fee of KRW 3,00,000,000.

- After the above contract, on March 17, 2017, the registration of the instant automobile was made in the name of the Plaintiff.

- The Defendant did not pay management expenses until June 2016, and the Plaintiff expressed his/her intent to seek payment by July 12, 2018 of the management expenses in arrears by content-certified mail.

- The defendant's overdue management fees are KRW 1,102,550 up to August 2018.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 3-1, 2-2, and all purports of oral argument

2. The assertion and judgment

A. According to the part of the claim for the acquisition of ownership transfer registration, and the above fact-finding, the defendant breached his duty to pay management expenses under the contract of this case, which constitutes the principal duty to pay by the defendant in the nature of the contract of this case.

Therefore, the plaintiff can lawfully terminate the contract of this case on the ground of the defendant's default of obligation.

Therefore, it is reasonable to view that the above contract was terminated on August 28, 2018, when the complaint of this case, indicating the intent to terminate the contract of this case on the ground of the above default, was delivered to the defendant on the same day.

Therefore, the defendant is against the plaintiff.

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