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(영문) 대구지방법원 2018.09.07 2017가단128609
소유권이전등록
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1. The Defendant terminated the consignment management contract on November 7, 2017 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 18, 2016, the Plaintiff registered an automobile indicated in the separate sheet (hereinafter “instant automobile”) under the name of the Plaintiff, and made the Defendant operate the freight trucking services using the Plaintiff’s registered name. The Defendant, upon being entrusted with the instant automobile operation and management right, paid KRW 190,00 per month management expenses to the Plaintiff while operating the instant automobile, and paid the Plaintiff the expenses incurred in the management of the vehicle, such as taxes and public charges, deductible charges, deductible charges, insurance premiums, repair expenses for parts, oil bags, etc., and entered into the consignment management contract (hereinafter “instant contract”) with the Defendant to bear interest of KRW 1.5% per month when the Plaintiff is delinquent in management expenses or when the said expenses are paid by the Plaintiff on behalf of the Plaintiff.

B. According to the contract of this case, when the defendant fails to pay management expenses or expenses necessary for the management and operation of the vehicle for not less than three months, the plaintiff may terminate the contract with a grace period of not less than two months and notify the defendant of the fact that the contract is terminated without correction at least twice in writing.

C. On June 15, 2017, July 6, 2017, and August 6, 2017, the Plaintiff notified the Defendant to pay overdue management expenses, insurance premiums, etc. for at least three months, and sent a content-certified mail to the Defendant to the effect that the instant contract will be terminated if it is not performed. Upon delivery of the duplicate of the instant complaint, the Plaintiff declared that the instant contract will be terminated.

As of August 24, 2018, which was the date of the closing of the instant argument, the Defendant’s unpaid management expenses and the insurance premiums paid by the Plaintiff on behalf of the Defendant are KRW 6,973,710 in total (i.e., principal amount of KRW 6,113,80 in KRW 859,910).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 3 and 9 (including virtual number), the purport of the whole pleadings

2. According to the above facts of recognition, the contract of this case is a duplicate of the complaint of this case.

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