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(영문) 수원지방법원안산지원 2020.12.23 2020가단9008
자동차소유권이전등록 및 구상금
Text

1. The defendant terminated the entrustment management contract on September 4, 2020 with respect to the motor vehicles listed in the separate sheet from the plaintiff.

Reasons

1. Facts of recognition;

A. On June 14, 2019, the Plaintiff and the Defendant entered into a truck consignment management contract (hereinafter “instant consignment management contract”) with the content that (i) the Defendant invested in kind the instant vehicle in the Plaintiff; (ii) the Plaintiff entrusts the Defendant with the transport business management of the instant vehicle; and (iii) the Defendant pays to the Plaintiff the management fee of KRW 200,000 per month (excluding value-added tax) in return for the entrustment of the transport business management business; and (ii) the Defendant entered into the truck consignment management contract with the content that all expenses incurred in the management and operation of the instant vehicle, taxes and public charges, and the premium.

B. On June 14, 2019, the Plaintiff completed the ownership transfer registration of the instant automobile in accordance with the instant consignment management contract.

C. By August 2020, the Defendant did not pay an amount equivalent to KRW 4,121,740 in total, including management expenses, insurance premiums, taxes and public charges for the instant automobile.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including additional number), the purport of the whole pleadings

2. Determination

A. The above consignment management contract of this case is deemed to have been terminated by delivering to the defendant September 4, 2020 the copy of the complaint of this case containing the plaintiff's expression of termination due to default such as the defendant's default of obligation.

Therefore, according to the above facts, the defendant is obligated to take over the transfer registration procedure for the motor vehicle of this case from the plaintiff on September 4, 2020 on the ground of termination of the above entrustment management contract, and pay to the plaintiff 4,121,740 won such as delinquent management expenses, and damages for delay calculated by the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 5, 2020 to the day of full payment, which is the day following the delivery of the copy of the complaint of this case sought by the plaintiff after

B. As to this, the Defendant asserted to the effect that the entrusted management contract of this case was terminated at December 2019, but it can be recognized.

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