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(영문) 부산지방법원 2017.02.23 2016가단44420
운송사업위.수탁계약해약확인
Text

1. The consignment management contract concluded around November 2014 between the Plaintiff and the Defendant with respect to the motor vehicle indicated in the separate sheet is concluded on December 8, 2015.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be recognized by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence Nos. 1- 3, and Eul evidence No. 2.

Around November 2004, the Plaintiff entered into an entrusted management contract with the Defendant for a motor vehicle indicated in the attached Form (hereinafter “instant motor vehicle”) (hereinafter “instant entrusted management contract”). Accordingly, on November 5, 2004, the Plaintiff completed the transfer of ownership in the name of the Plaintiff as to the instant motor vehicle.

B. The Defendant, while running a cargo transport business using the instant vehicle, did not pay the Plaintiff the entrusted management expenses and taxes and public charges several times from January 2009, and did not pay them more than 5,125,930 won in total, around December 2015.

C. On June 14, 2016, the Defendant remitted KRW 5 million to the Plaintiff.

The contract for entrusted management of this case includes the following matters:

(1) If the Defendant fails to pay the entrusted management expenses and taxes and public charges for at least three months, the Plaintiff may terminate the instant entrusted management contract without the notice of performance.

(2) The Plaintiff shall notify the Defendant of the details of the notice of taxes, public charges, etc. and the due date for payment of the taxes, public charges, etc. concerning the instant automobile in advance, and shall cooperate in the business related thereto.

(Article 14(2)(3) If the defendant requests a change or replacement of the vehicle, the plaintiff shall comply with it without delay, and the expenses incurred therein shall be borne by the defendant.

§ 17). 2. Claims and judgments

A. On December 8, 2015 and December 22, 2015, the Plaintiff notified the Defendant of the termination of the instant consignment management contract on the grounds of the entrusted management cost and the tax and public dues due to the mobile phone text messages. As such, the instant consignment management contract was lawfully terminated on December 8, 2015.

(2) The Plaintiff did not notify the Defendant of the tax and public charges on the instant automobile.

The defendant from November 2012.

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