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(영문) 수원지방법원여주지원 2020.02.05 2019가단2201
차량위수탁관리계약해지 및 차량인도
Text

1. The defendant shall pay to the plaintiff KRW 10,619,030 and KRW 7,292,110 among them, from October 13, 2019 to the day of full payment.

Reasons

1. On November 1, 2015, the Plaintiff entered into an entrustment management contract with the Defendant on the motor vehicle indicated in the separate sheet.

The defendant did not fulfill his obligation to pay management expenses, etc. under the above contract, and the plaintiff terminated the above contract by serving a complaint on the plaintiff.

Therefore, the defendant has the obligation to pay unpaid management expenses to the plaintiff, and the obligation to take over the transfer registration procedure for the motor vehicles listed in the separate sheet from the plaintiff on the ground of the above termination.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

3. The Plaintiff, upon receiving an application for modification of the purport of the claim and the cause of the claim, seeks damages for delay calculated by 12% per annum from the day after the day when the written complaint is served to the day after the day when the claim is served, by expanding the amount claimed from KRW 7,292,110 to KRW 10,619,030.

However, with respect to the extended amount of claim, the interest rate prescribed in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings can be applied from the day following the day when the document expanding the claim is served on

Therefore, with respect to the expanded claim amount of KRW 3,326,920 ( KRW 10,619,030 - KRW 7,292,10), the claim filed from October 13, 2019, which is the day following the day of service of the complaint, exceeds the annual rate of 5% as stipulated in the Civil Act, from January 11, 2020, which is the day of service of the written request for modification of the purpose of the claim and the cause of the claim.

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