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(영문) 수원지방법원안산지원 2019.09.04 2018가단54876
소유권이전등록
Text

1.(a)

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) dated October 30, 2018 on the motor vehicle indicated in the attached Form from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On July 21, 2016, the Plaintiff entered into an entrusted management contract for automobile transportation business (hereinafter “instant contract”) under which the Plaintiff would revert the registration title to the Plaintiff on the automobiles indicated in the separate sheet purchased by the Defendant, and the Defendant would operate the transportation business on consignment by the Plaintiff, while paying management expenses, etc. in return, while operating the transportation business on consignment from the Plaintiff. The main contents are as follows.

Article 1: The defendant shall pay the installment, insurance premium (liability, comprehensive), operating expenses, taxes and public charges, etc., and shall pay 200,000 won out of the monthly revenue to the plaintiff

Article 3:To bear interest at the rate of 24% per month when the amount to be paid each month is delayed, and to delay for not less than three months, the vehicle shall be recovered by applying depreciation under the 60-month straight line method, or an objection shall not be raised even if it is sold to other persons.

Article 5:At the time of delegation of the above-mentioned vehicle to a third party, the approval of the plaintiff should be obtained, and the validity shall be recognized after repayment of the outstanding amount.

Article 8:The defendant shall pay penalties, penalty surcharges, administrative fines, and all other responsibilities and losses arising from the operation of a vehicle within the fixed period.

Article 9:The defendant shall bear all liability for damages arising from traffic accidents, cargo accidents, industrial accident accidents, and other illegal acts arising in connection with the management of the above vehicle.

B. When the Plaintiff and C prepare the instant contract, they did not obtain the Defendant’s name or seal, but did not obtain the Defendant’s signature or seal, and C did not sign or seal it.

C. C paid KRW 15 million to the Plaintiff at the value of the registration license plate upon the time the said contract was concluded, and KRW 6 million on July 13, 2016;

7. On September 19, 199, management expenses, etc. under the instant contract were actually paid by C.

On February 26, 2018, the Plaintiff’s “Defendant” raises objection to the Defendant.

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