(영문) 광주지방법원 2018.09.04 2017가단31567

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(영문) 광주지방법원 2018.09.04 2017가단31567

자동차이전등록인수

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1. The defendant shall pay KRW 6,359,850 to the plaintiff jointly with the non-party B (C).

2. The plaintiff's remaining claims.

Reasons

1. Basic facts

A. On May 10, 2017, the Plaintiff is a corporation for the purpose of trucking transport business, etc., and the Plaintiff is a cargo vehicle listed in the attached Table (hereinafter “instant cargo vehicle”) between B and B, as a corporation for the purpose of trucking transport business.

As to the Plaintiff, the name of the said vehicle shall be registered in the name of the Plaintiff and the name of the said vehicle shall also be the Plaintiff, and in return for having B manage and operate the said vehicle under B’s responsibilities and calculations, B entered into a consignment management contract with the Plaintiff to pay management expenses of KRW 250,000 per month and insurance premiums, taxes and public charges, etc. (hereinafter “instant consignment management contract”).

(2) On May 10, 2017, the Defendant jointly and severally guaranteed the Plaintiff’s obligation under the instant vehicle entrustment management contract.

B. At the time of the termination of the instant entrustment contract, B agreed to the effect that the said contract may be terminated when B fails to pay management expenses, insurance premiums, taxes and public charges, etc. to the Plaintiff for at least three months, and B did not pay management expenses, insurance premiums, taxes and public charges, etc. to the Plaintiff for at least three months, and the Plaintiff sent to B a certificate of content that the Plaintiff would terminate the instant entrustment contract on November 6, 2017, and around that time, the said certificate of content reached B.

C. B and the Defendant’s truck business use B and the Defendant are running the instant truck transport business using the Plaintiff’s business registration name until now since the conclusion of the instant consignment management contract.

The sum of management expenses, insurance premiums, taxes and public charges that B did not pay to the Plaintiff by March 14, 2018 is 6,359,850 won.

[Ground of recognition] Facts without dispute, entry of Gap 1, 4, 5, 9 evidence (including branch numbers), the whole purport of the pleading

2. Determination: Ga. Ga.

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