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(영문) 인천지방법원부천지원 2015.11.11 2015가합1702
수탁자동차 지입번호판 반납절차이행
Text

1. The Defendant shall pay to the Plaintiff KRW 2,217,090 and interest rate of KRW 15% per annum from July 7, 2015 to the day of complete payment.

Reasons

1. Claim for unpaid management expenses;

A. 1) On April 27, 2011, the Plaintiff entered into an entrustment management agreement with the Defendant to the effect that the ownership of the instant motor vehicle shall be the Plaintiff, and that the Defendant shall pay the Plaintiff the fees, automobile tax, insurance premium, etc. while operating the instant motor vehicle upon entrustment (hereinafter “instant land entry agreement”).

2) On June 3, 2015, the Plaintiff terminated the instant land entry contract on the ground of the Defendant’s breach of duty under the instant land entry contract, by failing to undergo a regular vehicle inspection, and failing to perform the obligation under the instant land entry contract by failing to pay management expenses.

3) The Defendant’s unpaid management expenses are KRW 2,217,090 as of June 24, 2015. [The deeming that confession is made under Article 150(3) and (1) of the Civil Procedure Act based on recognition.]

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff unpaid management expenses of KRW 2,217,090 and damages for delay calculated at the rate of 15% per annum from July 7, 2015 to the date of full payment, which is the following day after a copy of the complaint of this case was served on the Defendant.

2. Request for return of a registration number plate of the instant automobile;

A. The gist of the Plaintiff’s assertion argues that the Plaintiff is liable to return the instant land registration number plate to the Plaintiff on the ground of the termination of the instant land entry contract, as the Defendant failed to perform its duty under the instant land entry contract by failing to undergo a regular vehicle inspection and unpaid management expenses, etc., and the Plaintiff terminated the instant land entry contract on June 2, 2015 due to the Defendant’s breach of duty under the instant land entry contract.

B. According to the relevant provisions such as Article 10 and Article 16 of the Automobile Management Act, the registration number of the automobile shall be determined by the Ordinance of the Ministry of Land, Transport and Maritime Affairs.

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