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(영문) 부산지방법원 2016.01.12 2015가단41479
자동차소유권이전등록
Text

1. Defendant A terminated the consignment management contract as of July 10, 2015 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Basic facts

A. As to the motor vehicles indicated in the separate sheet with Defendant A (hereinafter “the instant motor vehicle”), the Plaintiff transferred the owner’s registration title to the Plaintiff. Defendant A entrusted the management right to the instant motor vehicle with the number of the motor vehicle for business use and used the management right by the Plaintiff, and in return, paid the management fee to the Plaintiff. The Plaintiff entered into the consignment management contract with the content that the tax and public charges, insurance premiums, penalty charges, etc. related to the instant motor vehicle should be borne by the Defendant A.

(hereinafter “instant consignment management contract”). At the time, Defendant B and Defendant C jointly and severally guaranteed the obligation under the instant consignment management contract against the Plaintiff by Defendant A.

B. The Plaintiff and the Defendant A concluded the instant consignment management contract, allowing the Plaintiff to unilaterally terminate the instant consignment management contract without the notice of performance, in the event that the Defendant A fails to pay the management fee for at least three months.

(Article 19(2)1 of the Contract. The plaintiff expressed his/her intention to terminate the entrusted management contract of this case through the delivery of a copy of the complaint of this case, as the defendant A did not pay the management expenses set forth in the entrusted management contract of this case for not less than three months.

C. Meanwhile, the sum of the overdue amount of management expenses, administrative fines, etc. imposed on Defendant A according to the instant consignment management contract is KRW 13,041,820.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts of recognition as to the claim against Defendant A, the instant consignment management contract was duly terminated on July 10, 2015, when the duplicate of the instant complaint was delivered to Defendant A, and thus, the Defendant A is obligated to take over the transfer registration procedure for the transfer of ownership on the ground of the termination of the consignment management contract as of July 10, 2015.

B. According to the above facts of recognition as to the claims against the Defendants, the Defendants shall jointly and severally manage the Plaintiff.

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