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(영문) 대구지방법원 경주지원 2018.06.05 2017가단3607
자동차소유권이전등록절차이행
Text

Defendant:

A. As to the motor vehicles listed in the separate sheet from the Plaintiff, it is based on the termination of the above consignment management contract.

Reasons

Facts of recognition

The following facts may be acknowledged as either a dispute between the parties, or as a whole by taking into account the respective descriptions of Gap evidence 1 through 10 (including a serial number) and the whole purport of pleadings:

On November 11, 2016, the Plaintiff entered into an entrustment management agreement with the Defendant on the instant motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) and agreed to pay KRW 250,000 per month to the Plaintiff as management expenses, while the Plaintiff entrusted the Defendant with the right to operate and manage the instant motor vehicle, and operated the instant motor vehicle as an independent business operator by the Defendant, while operating the instant motor vehicle. Public charges, insurance premiums, etc. on the instant motor vehicle were to be borne by the Defendant.

(hereinafter “instant consignment management contract.” Under the instant agreement, if the Defendant delays the payment of management expenses, public charges, insurance premiums, etc. for more than three months, or evades a regular inspection on more than two occasions, the Plaintiff may terminate the said agreement after notifying the Plaintiff in writing not less than two times with a grace period for more than two months, specifying the violation of the contract.

B. In accordance with the instant consignment management contract, the Plaintiff completed the ownership transfer registration from the Defendant on November 22, 2016 with respect to the instant automobile.

C. After that, the Defendant delayed the payment of management expenses, insurance premiums, etc., and the management expenses in arrears until November 30, 2017 reached KRW 2,959,950.

On November 23, 2017, December 7, 2017, and December 11, 2017, the Plaintiff expressed to the Defendant the intent to terminate the entrusted management contract of this case on the grounds of management expenses, insurance premium arrears, and unpaid regular inspection of automobiles, respectively, and each of the above declarations reached the Defendant around that time.

2. According to the above facts of recognition as to the cause of the claim, the Plaintiff’s management expenses and service of the notification as of November 23, 2017, December 7, 2017, and the service of a copy of the complaint as of December 11, 2017 ( January 2, 2018), and of a written application for modification of the purport of the claim as of March 16, 2018 ( March 30, 2018).

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