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(영문) 대구지방법원경주지원 2019.01.15 2018가단2243
자동차소유권이전등록 등
Text

Defendant:

A. As to each motor vehicle listed in the separate sheet from the Plaintiff, the reason for the termination of the above consignment management contract.

Reasons

Facts of recognition

The following facts may be acknowledged, either in dispute between the parties or in full view of the respective descriptions in Gap evidence 1 to 7 (including the serial number) and the whole purport of the pleadings:

On April 13, 2012, the Plaintiff entered into an entrustment management contract with the Defendant on each of the instant vehicles listed in the separate sheet (hereinafter “each of the instant vehicles”) and transferred the ownership of each of the instant vehicles owned by the Defendant to the Plaintiff. The Plaintiff entrusted the Defendant with the operation and management right of the trucking transport business, and paid KRW 275,00 per month to the Plaintiff as management expenses (including value-added tax) while operating the instant vehicles as an independent business operator by the Defendant, and agreed to bear public charges, insurance premiums, etc. for each of the instant vehicles.

(hereinafter referred to as the “instant consignment management contract”). B.

The plaintiff and the defendant agreed that the defendant may terminate the entrustment management contract of this case in the case of delinquency in payment of management expenses, public charges, etc. for not less than three months, or the automobile insurance of this case is invalidated.

C. The Plaintiff completed the ownership transfer registration of each of the instant automobiles in accordance with the instant consignment management contract.

After that, the defendant did not pay public charges, insurance premiums, and management expenses and reached 5,139,020 won in arrears until March 1, 2018.

In addition, between August 31, 2017 to October 16, 2017, and October 31, 2017 to April 17, 2018, the automobile insurance on the motor vehicles listed in attached Table 1 was invalidated due to the unpaid insurance premium.

E. Accordingly, on January 2, 2018, around January 3, 2018, and around April 17, 2018, the Plaintiff sent a notice to the Defendant demanding the payment of the premium by mobile phone text messages. On March 9, 2018, the Plaintiff expressed to the Defendant that the instant consignment management contract was terminated on the grounds that the management fee was overdue, etc., and each of the above notice reached the Defendant around that time.

(f).

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