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(영문) 서울남부지방법원 2016.10.28 2016가단210928
소유권이전등록
Text

1. The Defendant terminated the consignment management contract on April 12, 2016 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Basic facts

A. On February 24, 2014, the Plaintiff concluded an entrustment management contract with the Defendant on the following matters with respect to the instant automobiles listed in the separate sheet (hereinafter “instant automobiles”).

① The Defendant shall pay the management fees of KRW 160,000 per month to the Plaintiff who entrusted the operation and management right, and the management fees may be adjusted according to the agreement between the Plaintiff and the Defendant.

(2) After taking over a vehicle, the defendant shall bear all the expenses incurred in the management and operation of the vehicle, such as breakdown, repair and oil, taxes and public charges, amount to be deducted, and insurance premiums.

(3) When the entrusted management fees and the defendant's burden are delinquent for not less than three months, the plaintiff may unilaterally terminate the contract without a peremptory notice of performance.

B. The Plaintiff expressed his/her intent to terminate the consignment management contract by serving a duplicate of the instant complaint, and the duplicate of the instant complaint was served on April 12, 2016 to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The plaintiff asserts that the plaintiff does not pay charges, such as management expenses and taxes and public charges under the consignment management contract, so that the plaintiff and the defendant terminate the consignment management contract, the defendant asserts that the entrustment management contract between the plaintiff and the defendant is terminated, and that the defendant did not pay the management expenses under the consignment management contract from June 2015, even though the plaintiff was 160,000 won per month, and did not pay them as a result of the plaintiff's claim from June 2015.

B. According to the statement of evidence No. 2, the Plaintiff is deemed to unilaterally claim KRW 220,000 per month as management expenses under the entrusted management contract from June 2015 to June 2015, as otherwise stipulated in the entrusted management contract. However, if the Defendant’s charges, such as management expenses, were not paid for at least three months, the Plaintiff may unilaterally terminate the contract without a peremptory notice of performance.

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