logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.10.11 2016가단209980
소유권이전등록
Text

1. The Defendant terminated the consignment management contract as of March 21, 2016 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 19, 2013, the Plaintiff, a corporation operating trucking services, registered an automobile indicated in the separate sheet (hereinafter “instant automobile”) with the Defendant in the name of the Plaintiff, and entered into an entrustment management agreement with the Defendant that allows the Defendant to run trucking services using the Plaintiff’s registered name of trucking services, and the Defendant entered into such entrustment management agreement with the effect that the Defendant will pay monthly management expenses for the instant automobile, insurance premiums and taxes for the instant automobile, and penalties imposed on the Plaintiff, a partner company, in connection with the instant automobile operation.

B. The Plaintiff and the Defendant agreed that the Plaintiff can unilaterally terminate the contract where the Defendant did not pay management expenses, etc. for more than three months without the peremptory notice of performance.

C. The Defendant, while running the freight trucking services using the instant automobile, did not pay management expenses, etc. for not less than three months.

Accordingly, the Plaintiff expressed his/her intent to terminate the instant contract by serving a duplicate of the complaint on the grounds of the payment of management expenses, etc., and the duplicate of the complaint was served on March 21, 2016 to the Defendant.

E. Even after being notified of the termination of the above contract, the Defendant continued to operate the freight trucking services, and the unpaid amount such as management expenses, etc. for the standard of August 18, 2016 is KRW 701,400 in total.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. According to the above facts of recognition, the defendant takes over the procedure for ownership transfer registration for the motor vehicle of this case from the plaintiff on March 21, 2016, which is the delivery date of the copy of the complaint of this case, on March 21, 2016, and as the plaintiff seeks, 701,40 won and the following day after the delivery date of the copy of the complaint of this case to the day of complete payment, 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 22, 2016 to the day of complete payment.

arrow