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(영문) 서울중앙지방법원 2017.01.12 2016가단71554
자동차강제이전등록청구 등
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) on May 17, 2016 on an automobile indicated in the separate sheet from the Plaintiff-Counterclaim Defendant.

Reasons

(a) A counterclaim shall be deemed to be filed together;

1. Basic facts

A. The Plaintiff is a corporation operating a trucking transport business, etc., and the Defendant is the actual owner of the truck listed in the separate sheet (hereinafter “instant vehicle”).

B. On November 25, 2015, the Plaintiff reverted ownership to the Plaintiff with respect to the instant vehicle, and entrusted the management right. On the other hand, the Defendant entered into an entrustment management agreement with the Plaintiff that pays the entrusted management expenses, etc. monthly to the Plaintiff (hereinafter “instant entrustment management agreement”). The main contents of the contract related to the instant case are as follows.

Article 3 (Term of Contract and Renewal) (1) The entrusted management period of this contract shall be two years.

(The business number of the above vehicle is our ownership) ① The defendant shall deposit 150,000 won (the additional tax) of the management expenses every month for the transportation business management by proxy, such as the plaintiff's overall administration, etc. on the fixed date.

*The Association fees shall be separate, and the amount shall be determined in accordance with the standards of the Association respectively.

(6) In the event of default on management expenses and taxes and public charges, delayed compensation for 3% increased each month shall be repaid to the plaintiff.

Article 11 (Termination of Contracts) (2) Public charges (management expenses, national taxes, local taxes, insurance premiums and various administrative fines) imposed every month shall be automatically terminated at the time of arrears for at least two months.

Article 13 (Deposit and Premium Rates) (1) The purpose of this Act is to pay deposits in cases where the unpaid amount, such as various administrative fines and public charges, which may arise after the defendant's retirement from his/her office

(2) The defendant shall consent to keep the deposit to the plaintiff at the same time for six months, and the amount shall be determined by tonnage.

(A) Not more than 3 tons: 1 million tons, 3.1 ton or 5 tons: 2 million won, 5.1 ton or 10 tons: 3 million tons, 10 ton or more: 4 million won)

C. Since February 2016, the Defendant did not pay management expenses (165,000 won) and association expenses (3,300 won per month) to be paid to the Plaintiff pursuant to the instant consignment management contract.

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