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(영문) 대전지방법원 2020.07.22 2019나108273
자동차소유권이전등록절차이행
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

In fact, the plaintiff company (the former trade name before the change: F) runs a motor vehicle transport brokerage and storage business (including cargo), and the defendant registered the transportation business with the trade name "A" on July 10, 2017.

Plaintiff

On July 10, 2017, the company and the defendant concluded an entrustment contract for vehicles (hereinafter referred to as “instant contract”) with respect to the vehicles listed in the separate sheet (hereinafter referred to as “instant vehicles”).

The relevant provisions of the instant contract are as follows.

In managing the vehicles of general trucking transport business, the following consignment contracts shall be concluded between the Plaintiff Company (hereinafter referred to as “A”) and the Defendant for truck-invested investors (hereinafter referred to as “B”):

Article 6 (Entry Fees)

1. B shall pay to A the prescribed expenses for the management of the entrusted area monthly in return for the entry;

(Entry management expenses shall be 250,000,000, separate from value added tax, by the 25th day of each month) Article 18 (Elimination of Contract)

1. In any of the following cases, A may unilaterally deposit a vehicle and cancel the suspension of operation without a peremptory notice of performance:

When the defendant fails to pay the burden of Articles 4 and 6 for at least three months, he/she purchased the instant vehicle and completed the transfer registration in the name of the plaintiff company and operated it.

From April 25, 2018 to January 25, 2019, the Defendant delayed payment of KRW 3,022,80 as well as association fees under the instant contract.

Plaintiff

On September 2018, the Company urged the Defendant to pay the overdue payment on several occasions, and expressed his/her intent to terminate the instant contract by serving a duplicate of the instant complaint on the part of the Defendant. The duplicate of the instant complaint was served on November 3, 2018 on the Defendant.

[Ground of recognition] A did not dispute, each entry of Gap evidence Nos. 1 through 6, a significant fact in this court, and the defendant did not pay a surcharge for not less than three months, and the plaintiff company did so on its ground.

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