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(영문) 대전지방법원 2016.09.21 2015가단44776
자동차소유권이전등록
Text

1. The Defendant’s termination of the consignment management contract as of December 24, 2015 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 12, 2004, the Plaintiff, who is the trucking freight trucking service, entered into an entrustment management agreement with Nonparty B, the Defendant’s spouse, regarding the motor vehicles indicated in the separate sheet (hereinafter “instant motor vehicles”).

1. The name of the owner of the instant motor vehicle reverts to the Plaintiff, and B is entrusted by the Plaintiff with the right to manage the instant motor vehicle, including transportation business, and in return, the Plaintiff shall pay monthly entrusted management fees to the Plaintiff.

2. B shall bear all the expenses incurred in the management and operation of the vehicle, including taxes, public charges and insurance premiums;

3.B shall pay to the Plaintiff all kinds of laws and regulations, penalties due to administrative measures, and all the money and losses that the Plaintiff would have caused.

4. Entrusted management fees, taxes and public charges, insurance premiums, additional contributions to deductible charges, penalty charges, etc. shall be paid in arrears for at least two months;

5. The Plaintiff may terminate the instant consignment management agreement without a peremptory notice of performance, where the Plaintiff fails to pay the entrusted management fees, etc. for at least three months.

B. On September 15, 2015, the Defendant concluded a contract with the Plaintiff to succeed to all of the obligations, such as the instant consignment agreement and the existing unpaid amount, and agreed to deposit KRW 1 million per year with the security deposit, such as penalty, etc. incurred after the termination of the contract.

C. The Plaintiff submitted the instant complaint containing a declaration of intent to terminate the instant consignment agreement on the grounds of the Defendant’s delinquency in payment not less than three times in management expenses, and the instant warden served on December 24, 2015 on the Defendant.

On September 9, 2016, which was the date of the closing of argument in the instant case, the Defendant: ① entrusted management expenses of the Plaintiff from July 2014 to June 2016; ② delayed payment damages for the entrusted management expenses of the Plaintiff from July 2014 to June 2016; ② KRW 795,382, ③ Local tax, such as environmental charges and automobile tax, ③ KRW 432,380, ④ signal violation; and ④ signal violation.

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