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(영문) 대구지방법원 2017.05.12 2016가단39467
자동차소유권이전등록
Text

1. On November 29, 2016, the Defendant terminated the consignment management contract with respect to the motor vehicles listed in the attached list to the Plaintiff.

Reasons

1. The assertion;

A. On December 14, 2015, the Plaintiff entered into an entrustment management contract with the Defendant, who is the actual owner of the said vehicle as indicated in the attached list, and registered the said vehicle in the name of the Plaintiff, pursuant to Articles 13 and 26 of the Trucking Transport Business Act.

B. The Defendant paid KRW 200,000 and deposit money, etc. monthly management expenses to the Plaintiff pursuant to Article 5,6, and Article 13 of the above Trust Management Contract, but did not pay the above management expenses up to now.

Therefore, from July 4, 2016 to November 7 of the same year, the plaintiff notified the termination of the entrusted management contract if the management expenses, etc. are not paid in full.

C. However, since the Defendant did not pay management expenses until recently, the consignment management contract became effective on November 29, 2016.

On November 29, 2016, management expenses, etc. that were not paid by the defendant as of November 29, 2016 are KRW 2,112,321, and the defendant does not pay management expenses, etc. up to now, so it is anticipated that management expenses, etc. will not be paid even from November 30, 2016 to the time the transfer of ownership registration procedure for the

E. Therefore, on November 29, 2016, the Defendant is obligated to take over the procedure for the registration of transfer of ownership on the said automobile to the Plaintiff on the ground of the termination of the above consignment management contract, to succeed to all the attachment details in the register of automobiles, and to pay 223,300 won, including management expenses, which are paid in installments from November 29, 2016 to the day of full payment, and the amount of KRW 2,112,321, which is calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 15, 2016 to the day of full payment, which is the day following the delivery of the copy of the complaint in this case.

2. The defendant does not clearly dispute the plaintiff's claim, and it is deemed that he led to confession pursuant to Article 150 of the Civil Procedure Act.

However, the disposition on default shall be made.

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