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(영문) 서울중앙지방법원 2015.10.27 2014가단131117
자동차소유권이전등록
Text

1. Defendant A terminated the consignment management contract on July 8, 2014 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. (1) On March 23, 2012, the Plaintiff entered into an entrustment management agreement with Defendant A (hereinafter referred to as the “instant consignment management agreement”) with the effect that Defendant A, a transport company, bears insurance premiums, administrative fines, taxes, public charges, etc. related to the operation of the instant cargo vehicle, and pays the Plaintiff the consignment management fees (hereinafter referred to as the “instant consignment management agreement”).

(2) On the other hand, around March 23, 2012, Defendant B guaranteed the Plaintiff’s obligation to pay management fees, insurance premiums, administrative fines, and tax charges under the instant consignment management contract.

(3) After running the instant cargo vehicle, Defendant A failed to pay insurance premiums, administrative fines, and tax charges, etc. properly while operating the instant cargo vehicle, and the management fees for the Plaintiff was overdue.

(4) On May 21, 2014, the Plaintiff sent a content-certified mail demanding the implementation of the instant consignment management contract to Defendant A, and arrived at the Defendant A around that time. However, the Plaintiff filed the instant lawsuit on June 18, 2014, stating that the Defendant A would not comply with the instant consignment management contract. The duplicate of the instant complaint reached the Defendant A on July 8, 2014.

(5) Meanwhile, the sum of Defendant A’s unpaid management fees, insurance premiums, administrative fines, and tax charges, etc. at the time of the closing of the instant argument is KRW 3,038,480.

【Ground for Recognition: Facts that there is no dispute between the parties or is not clearly disputed, Gap evidence 1 to 10, and the purport of whole pleadings】

B. (1) According to the above facts of recognition, the above entrusted management contract of this case states the plaintiff's expression of intent to terminate.

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