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(영문) 울산지방법원 2018.07.06 2018가단3280
자동차소유권이전등록 및 미수금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 4,031,590 as well as the interest rate from February 13, 2018 to the day of full payment.

Reasons

Comprehensively taking account of the overall purport of the statements and arguments in Gap evidence Nos. 1 through 7, the plaintiff entered into an entrustment management contract with the defendant A on November 12, 2014, which covers KRW 275,000 per month management expenses for the motor vehicles listed in the separate sheet. The defendant Eul guaranteed the defendant Eul's debt incurred under the above contract; the defendants delayed management expenses under the above contract and delayed payment of KRW 4,031,590 as of February 1, 2018; and the plaintiff's termination of the above contract on the grounds of delay in management expenses.

According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 4,031,590 won and the amount equivalent to 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 13, 2018 to the date following the delivery of a copy of the complaint of this case. Defendant A is jointly and severally liable to take over the transfer registration procedure for the above automobile from the plaintiff on February 13, 2018 due to the termination of the above entrustment management contract. The defendants are jointly and severally liable to pay to the plaintiff the amount equivalent to 275,000 won per month from February 1, 2018 to the date the transfer registration procedure for the above automobile is completed.

The plaintiff's claim shall be accepted on the grounds of its reasoning.

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