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(영문) 부산지방법원 2014.12.18 2014가단58951
자동차소유권이전등록 등
Text

1. Defendant A terminated the consignment management contract on July 29, 2014 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 31, 199, Defendant A entered into an entrustment management agreement with the Plaintiff on the following terms: (a) the ownership of an automobile indicated in the separate sheet (hereinafter “instant automobile”) shall vest in the Plaintiff; (b) the Plaintiff is entrusted with the right to operate and manage the automobile; and (c) the Plaintiff, while operating the automobile upon entrustment of the right to operate and manage the automobile, would pay each month management expenses to the Plaintiff; and (d) the tax, public charges, and insurance premiums, etc.

According to the entrusted management contract of this case, the plaintiff can terminate the contract if the defendant A did not pay the admission fee, etc. for at least three months.

Defendant B and C jointly and severally guaranteed Defendant A’s obligation to the Plaintiff.

B. As of July 1, 2014, the entrance fees, insurance premiums, etc. that Defendant A ought to pay to the Plaintiff are attached Form.

2. A total of KRW 27,201,920, as described.

C. The Plaintiff expressed his/her intent to terminate the instant consignment management contract on the ground that the delivery of the instant complaint was delayed, and on July 29, 2014, the instant complaint was served on Defendant A.

[Ground for Recognition: Defendant A: Facts without dispute, entry of Gap evidence 1, purport of the whole pleadings, Defendant B, and C: Each entry of evidence of Gap1 through 9 (including branch numbers), purport of the whole pleadings]

2. Determination

A. According to the above facts of recognition as to the obligation to accept registration, the above consignment management contract of this case was entrusted to the Plaintiff outside of the country by Defendant A to register the ownership in the name of the Plaintiff and to vest the ownership and the right to manage the operation. In the inside, Defendant A, the actual borrower of the above automobile, entrusted the Plaintiff with its own operation management right, and operated and managed each of the above vehicles under his own independent account and used the Plaintiff’s trucking transport business registration name.

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