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(영문) 수원지방법원여주지원 2016.06.15 2016가단396
소유권이전등록
Text

1. On December 17, 2015, the Defendant on the motor vehicle stated in the separate sheet from the Plaintiff, due to the termination of the consignment management contract.

Reasons

1. Facts of recognition;

A. On May 22, 2014, the Plaintiff entered into an entrustment management agreement with the Defendant (hereinafter “instant automobile”) with the trustor or the Defendant as a trustee with respect to the instant automobile as indicated in the attached Form (hereinafter “instant automobile”) as a company mainly engaged in general cargo transport business. The main contents are as follows.

Article 2 The Defendant shall enter the Plaintiff with the instant vehicle, and the Plaintiff shall entrust the Defendant with the right to manage the cargo transportation services for the instant vehicle.

Article 5 The defendant shall pay the management fees of KRW 270,00 per month to the plaintiff in return for the entrustment to the plaintiff.

Article 6 The defendant shall bear all the expenses incurred in the management and operation of vehicles, such as the repair of breakdowns and oil, taxes and public charges, deductible contributions, insurance premiums, etc. after taking over the vehicle.

In any of the following cases, the plaintiff may unilaterally cancel the contract without a peremptory notice of performance:

1. When he/she fails to pay the burden under Article 5 and all the defendants for at least three months;

B. From June 1, 2014 to January 23, 2016, the Defendant did not pay to the Plaintiff the sum of KRW 2,141,920, including management expenses, insurance premiums, and union expenses incurred from the period from January 1, 2016. Accordingly, the Plaintiff’s termination of the instant contract where the Defendant did not pay the amount in arrears of management expenses by December 16, 2015 to the Defendant by December 16, 2015.

'' notified the content.

C. On December 17, 2015, the Plaintiff terminated the instant contract, KRW 2,032,510 (i.e., management expenses, taxes and public charges, administrative fines, fines, etc. incurred by the Defendant prior to December 17, 2015 (i.e., management expenses, insurance premiums, partnership fees, etc.) and the total of KRW 1,65,05,050,050, including administrative fines imposed by the Defendant due to a violation of parking or stopping regulations.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the contract of this case is made according to the plaintiff's declaration of termination for reasons of delinquency, such as management expenses of the defendant.

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