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(영문) 광주지방법원 2019.03.26 2018가단7288
자동차소유권이전등록 등
Text

1. Defendant B terminated the consignment management contract of April 11, 2018 with respect to the vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Basic facts

A. On March 30, 2015, Defendant B entered into a contract on vehicle surface management to vest the owner’s name as to the vehicle indicated in the separate sheet (hereinafter “instant vehicle”) with the Plaintiff, but the Plaintiff entrusted Defendant B with the vehicle operation right and operated the vehicle on the Defendant’s account, and Defendant B entered into a contract on vehicle surface management to pay the Plaintiff KRW 220,000 per month as the vehicle management fee.

(hereinafter referred to as “instant vehicle entrustment management contract”). B.

In addition, the above contract provides that "where Defendant B fails to pay management expenses for not less than three months, the Plaintiff may terminate the entrustment management contract of the instant vehicle without any peremptory notice, and where the Plaintiff bears the insurance, administrative fines, public charges, and taxes imposed due to the operation of the instant vehicle by Defendant B, it is agreed that Defendant B will pay them to the Plaintiff.

C. On March 30, 2015, Defendant C guaranteed the obligation owed by Defendant C to the Plaintiff under the instant vehicle entrustment management contract.

[Ground of recognition] Facts without dispute, Gap evidence No. 1 (the freight trucking service consignment management contract, and the defendant Eul's seal affixed to Gap evidence No. 1) is presumed to have been established as the authenticity of Gap evidence No. 1, since there is no dispute between the parties as to the fact that the defendant Eul's seal affixed to defendant B was affixed to the defendant B's seal at will under the defendant B's future contract, but there is no other evidence to prove that the presumption of the authenticity has been reversed)

2. Summary of the plaintiff's cause of claim

A. The Defendants did not pay management expenses for more than three months, and thus terminate the instant vehicle entrustment management contract.

B. The unpaid amount of management expenses incurred by the Defendants in arrears until March 30, 2018 is KRW 6,869,320 remaining after subtracting the amount of KRW 1,842,680 paid by the Defendants from April 2015 to March 2018 (calculated as KRW 242,00,000 per month). In addition, the Defendants are KRW 36,000 of automobile tax imposed on January 31, 2018.

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