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(영문) 서울중앙지방법원 2017.10.18 2016가단103109
각서금
Text

1. The Defendant shall pay to the Plaintiff KRW 3,640,048 and the interest rate of KRW 15% per annum from September 13, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On March 20, 2010, the Plaintiff entered into an entrustment management agreement with the Defendant on the following terms: (a) the title of ownership of B trucking vehicle (hereinafter “instant vehicle”) shall vest in the Plaintiff; (b) the Defendant paid KRW 270,000 (excluding value-added tax) monthly management fees to the Plaintiff for operating the said vehicle upon being entrusted with the right to operate and manage the said vehicle; and (c) the obligation to pay taxes, public charges, insurance premiums, penalties, etc., such as taxes, public charges, insurance charges, and penalty charges, to the Defendant (see Evidence 6, e.g., the instant consignment management agreement).

B. On April 5, 2012, the Plaintiff entered into a contract with the same content as the Defendant’s child C by changing the name of the trustee under the entrustment management contract of this case to the Defendant’s child. On August 5, 2013, the instant vehicle was scrapped due to a fire that occurred during operation.

C. Meanwhile, from March 20, 2010 to April 4, 2012, the sum of management expenses, insurance premiums, and automobile taxes imposed on the Defendant was KRW 13,564,858, but the Defendant deposited only KRW 9,924,810 to the Plaintiff during this period.

[Grounds for recognition] The items of evidence Nos. 1 through 11 and the purport of the whole pleadings

2. According to the conclusion, the Defendant is obligated to pay to the Plaintiff the sum of KRW 3,640,048 (i.e., KRW 13,564,858 - KRW 9,924,810) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from September 13, 2016 to the date of full payment after the original copy of the instant payment order was served on the Defendant, as sought by the Plaintiff.

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