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(영문) 수원지방법원 2016.07.01 2015나31992
자동차소유권이전등록 및 구상금
Text

1.The part of the judgment of the court of first instance regarding the principal action, including a claim extended and reduced in the trial, shall be as follows:

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "The plaintiff may adjust the corresponding management expenses each year according to price increase, economic growth, etc." under Article 7 (2) of the above entrusted management contract of this case. Since March 2014, the plaintiff increased management expenses under the above entrusted management contract of this case in KRW 200,000 (value added tax separate)." The "Supreme Court Decision 2014Da4930" under Section 41 of the above entrusted management contract of this case is added to "No. 10", and "No. 4930" to "No. 4, 2014do4930", and [the grounds for recognition] column 5, the "No. 4, favorable to the defendant," and the "No. 5, No. 7 through No. 66, etc. shall be deleted," and the judgment of this case shall be cited as follows in the main sentence of Article 20 of the Civil Procedure Act.

2. The part of the repair used is 1) The judgment on the existence of the Defendant’s obligation to pay management expenses, etc. is examined, and according to the facts acknowledged earlier, the Defendant is obliged to pay management expenses, insurance premiums, taxes and public charges, etc. to the Plaintiff by June 9, 2014, which is the date of termination of the entrustment management contract of this case.

In addition, in light of the principle of equity, it is reasonable to view that the obligation to pay management expenses, insurance premiums, taxes and public charges, etc. to a branch company following the termination of a branch office contract and the obligation to pay delinquent management expenses, etc. to a branch company following the completion of a branch office contract and the obligation to pay delinquent management expenses, etc. to a branch company following the completion of a branch office contract are in the simultaneous performance relationship. Thus, the branch office has a right to defense of simultaneous performance and has the title of possession of a branch office while the branch office has a right to defense of simultaneous performance.

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