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(영문) 대구지방법원 2015.01.13 2013가단58801
자동차소유권이전등록
Text

1. The Defendant (Counterclaim Plaintiff) is the Plaintiff (Counterclaim Defendant) with KRW 7,895,460 and the Defendant (Counterclaim Plaintiff) from August 20, 2014.

Reasons

1. Determination on the main claim

A. A) On January 10, 2003, the Plaintiff entered into an entrustment management contract with the Defendant to the effect that the ownership of the instant motor vehicle belongs to the Defendant, while operating the motor vehicle upon entrustment of the operation and management right of the motor vehicle, and to pay monthly management expenses and insurance premiums, etc. on March 3, 2003. On February 15, 201, the Plaintiff entered into an entrustment management contract with the same content (hereinafter “instant entrustment management contract”).

B) Upon the delivery of the copy of the complaint in this case, the plaintiff expressed his/her intent to terminate the entrusted management contract in this case to the defendant. [Grounds for recognition] In the absence of dispute, each entry in Gap evidence Nos. 1, 2, and 6, and the purport of the entire pleadings, the above entrusted management contract in this case is established in the name of the defendant, and the plaintiff externally entrusted the ownership and the right to manage the motor vehicle in this case to the defendant. However, the above entrusted management contract in this case can be terminated at any time, regardless of the contract period agreed upon by one of the parties, the plaintiff, who is the actual borrower of the above motor vehicle, is entrusted with his/her own right to manage the motor vehicle under his/her own own account and managed the motor vehicle under his/her own account, and the fees for the use of the motor vehicle in this case to the defendant to manage the above motor vehicle under his/her own account, and the fees for the defendant to pay the management fee every month for the above motor vehicle and the elements of delegation are combined.

Therefore, the entrusted management contract of this case is a duplicate of the complaint of this case.

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