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(영문) 대구지방법원 2017.09.27 2017나3909
자동차소유권이전등록절차인수
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On March 1, 2015, Defendant A invested each of the instant vehicles in kind with the Plaintiff as to each of the instant vehicles listed in the separate sheet (hereinafter “each of the instant vehicles”) between the Plaintiff and the Plaintiff on March 1, 2015, and the Plaintiff entered into a management-oriented contract (hereinafter “the instant land entry contract”) with the content of entrusting the right to manage the land of cargo transport services, and set monthly land entry management fees of KRW 170,00 (excluding value-added tax) with respect to the C vehicles as KRW 250,00 (excluding value-added tax).

B. Under the instant land entry contract, Defendant B jointly and severally guaranteed the Defendant A’s obligation, such as land entry management fees.

C. In the instant land entry contract, Defendant A, a land owner, shall bear 20% interest per month if he/she fails to pay taxes, public charges, deductible charges, insurance charges, and other charges for the management of the land in arrears for at least one month (Article 15), and the Plaintiff may unilaterally terminate the instant land entry contract if he/she fails to pay for at least three months (Article 15).

(Article 16). D.

Each of the instant automobiles is registered in the name of the Plaintiff on February 6, 2015 in accordance with the instant land entry agreement, and is maintained as an access vehicle until now.

E. On April 11, 2016, when Defendant A did not perform the above obligation for more than three months, the Plaintiff notified Defendant A of the termination of the instant land entry contract on the ground that the instant land entry management fees were unpaid, and the said content-certified mail reached Defendant A around that time.

F. As of December 15, 2016, the ground entry management fees, etc. that the Plaintiff did not receive from the Defendant A are the aggregate of the ground entry management fees and mutual-aid fees for automobiles C as of December 15, 2016 (including value-added tax), 7,304,590 won (including value-added tax), and the aggregate of the ground entry management fees for automobiles D and mutual-aid fees (including value-added tax).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination:

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