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(영문) 부산지방법원 2014.11.11 2014가단62462
자동차소유권이전등록
Text

1. The Defendant terminated the consignment management contract as of August 8, 2014 with respect to the motor vehicles listed in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 1, 199, the Plaintiff entered into an entrustment contract (hereinafter “instant contract”) with the Defendant with the content that the ownership of an automobile indicated in the separate sheet (hereinafter “instant automobile”) vests in the Defendant, but the Plaintiff, while operating the instant automobile upon entrustment, shall pay a certain amount of management expenses every month in return for the entrustment (hereinafter “instant contract”).

B. A duplicate of the instant complaint containing the Plaintiff’s expression of intent to terminate the instant contract was served on August 8, 2014 to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion fully paid management expenses up to October 2014, including KRW 7,286,120, which was notified by the Defendant as the unpaid management expenses until May 2014, including KRW 7,286,120, which was the closing date of the pleadings of the instant case. Since the instant contract was terminated by the delivery of the duplicate of the complaint of the instant case, the Defendant is liable to implement the procedures for

B. The Defendant’s assertion 1) imposed monthly management expenses of KRW 200,00 (excluding value-added tax) as stipulated in the instant contract, and imposed KRW 180,000 from January 2008 to March 2009, and KRW 150,000 from April 2009. Since the Plaintiff violated the said conditions, the Defendant should calculate the management expenses to KRW 200,000, which is the original amount, and thereafter, the unpaid management expenses by October 2014 should be adjusted to KRW 4,996,910, and overdue interest from October 206 to KRW 1,67,309, and the total amount of KRW 6,674,219, and KRW 200,00 should be settled until the Plaintiff’s claim for the transfer of ownership and value-added tax should be settled (including the Plaintiff’s claim for the transfer of ownership).

3. Determination

A. Determination as to the cause of the claim

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