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(영문) 대전지방법원 2019.02.14 2018가단1114
자동차명의이전등록절차이행
Text

1. Defendant D terminated the consignment management contract on February 27, 2018 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 29, 2016, the Plaintiff, a company running a trucking transport business, etc., concluded an entrustment management agreement with Defendant D to pay to the Plaintiff all expenses incurred in the management and operation of the automobile, including management expenses, taxes and public charges, insurance premiums, additional contributions to the mutual aid association, penalty charges, etc. (hereinafter “instant contract”). Accordingly, the Plaintiff completed the transfer of ownership on the instant automobile pursuant to the instant contract.

B. Defendant E jointly and severally guaranteed the obligation owed by Defendant D to the Plaintiff under the instant contract.

C. According to the instant contract, the management expenses to be paid monthly by Defendant D to the Plaintiff are KRW 275,00 (including value-added tax). In the event that management expenses are overdue for at least two months, the instant contract is terminated, and the damages for delay should be borne if the payment is overdue for at least one month, including the management expenses.

As of January 31, 2018, the amount of management expenses, etc. in arrears by Defendant D reaches KRW 4,629,850.

E. The Plaintiff expressed in the instant complaint that the contract of this case was terminated on the grounds that Defendant D did not pay management expenses, etc., and the instant warden served on February 26, 2018 on the Defendant D.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 8, Eul evidence 2 to 4 (including each number), the purport of the whole pleadings

2. According to the above facts of determination, the instant contract was lawfully terminated on February 27, 2018, following the day when the complaint of this case, including the Plaintiff’s expression of termination, was served. Thus, Defendant D is obligated to take over the transfer registration procedure for the instant automobile from the Plaintiff to its original state, and the Defendants are jointly and severally liable to take over management expenses, etc. to the Plaintiff.

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