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1. The part of the judgment of the court of first instance against the defendant exceeding the amount ordered to be paid below.
Reasons
1. In the first instance court, the Plaintiff filed a claim against the Defendant for the transfer of ownership registration procedure, the acquisition of the transfer of ownership registration procedure, the unpaid management expenses, etc., and the court of first instance accepted the claim for the transfer of ownership registration procedure, the takeover of the transfer of ownership registration procedure, and the unpaid management expenses, and partly
In this regard, the defendant appealed only to the part of accepting the claim for penalty, which is subject to the judgment of this court is limited to the claim for penalty.
2. Basic facts
A. 1) On July 31, 2012, the Plaintiff between the Defendant and the Defendant, as indicated in the separate sheet (motor vehicle registration number before the change: C before the change; hereinafter “instant motor vehicle”).
A) As to the instant vehicle, the Plaintiff, a truster, a local borrower, and a trustee, a trustee, and a management fee of KRW 180,00 per month (at the end, KRW 300,00 per month). As to the instant vehicle, the Defendant shall enter the instant vehicle into the Plaintiff. The Plaintiff shall entrust the Defendant with the operation and management right of the instant vehicle, and the Plaintiff shall pay the Plaintiff the monthly management fee (hereinafter “instant contract”).
(2) At the time of the instant contract, the Plaintiff and the Defendant agreed that the Defendant may terminate the instant contract if the Defendant fails to pay the management expenses, etc. for three months or longer.
B. After that, the Defendant did not pay the management expenses, etc. and did not pay them for more than three months, the Plaintiff urged the Defendant to pay them on or around March 10, 2014.
C. Nevertheless, the Defendant did not pay the management expenses, etc. and did not pay them for more than three months, and the Plaintiff continued to pay them for more than three months.