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(영문) 대구지방법원서부지원 2014.11.06 2014가단7296
부당이득금
Text

1. The Defendant terminated an entrustment contract on March 16, 2012 with respect to each of the vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the arguments in Gap evidence Nos. 1 to 8 (including all the numbers).

On July 30, 2005, the Defendant acquired one automobile listed in the separate sheet (hereinafter “instant automobile 1”) from one logistics system, and completed the registration of ownership transfer in the name of the Plaintiff as to the instant automobile 1 on August 4, 2005, between the Plaintiff and the Plaintiff on August 4, 2005. However, the Defendant entered into an entrustment management contract with the Plaintiff to impose taxes, public dues, environmental charges, mutual aid association fees, insurance premiums, etc. while operating the instant automobile upon entrustment by the Plaintiff (hereinafter “instant entrustment management contract”).

B. On September 30, 2005, the Defendant: (a) acquired the two automobiles listed in the separate sheet (hereinafter “instant two automobiles”; (b) around October 4, 2005, the Defendant entered into an entrustment management contract with the Plaintiff on the same terms and conditions as the preceding paragraph (hereinafter “instant consignment management contract”); and (c) completed the transfer of ownership as to the instant two automobiles in the name of the Plaintiff, by referring to the instant consignment management contract as the instant one; and (d) around October 4, 2005, the Defendant entered into the entrustment management contract with the Plaintiff.

C. On March 16, 2012, the Defendant expressed to the Plaintiff a wish to terminate each of the instant consignment management agreements through content-certified mail, and the said content-certified mail was served on the Plaintiff around that time.

The management expenses, etc. that the Defendant did not pay to the Plaintiff as of the date of termination are KRW 10,817,448 (the part of the instant automobile KRW 5,330,003, the part of the instant automobile KRW 5,487,445).

E. The Defendant is the instant court on May 23, 2012.

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