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(영문) 의정부지방법원 2018.04.04 2017가합50331
자동차등록원부특기사항말소절차이행청구등
Text

1. As to the motor vehicles listed in the separate sheet, the defendant

A. The Plaintiff’s motor vehicle register (A) special article column of May 2009.

Reasons

1. Basic facts

A. On October 9, 2008, the Plaintiff and the Defendant invested in kind a trucking transport business, etc., and transferred the ownership of the instant vehicle to the Plaintiff by investing in kind as indicated in the separate sheet (hereinafter “instant vehicle”). The Defendant entered into an entrustment management contract with the terms that, upon being entrusted with the right to operate and manage the instant vehicle by the Plaintiff, the Defendant shall pay monthly management fees, taxes and public charges, and insurance premiums to the Plaintiff as follows (hereinafter “instant entrustment management contract”).

[Attachment of Vehicle Investment and Entrustment Contract] Article 3 (Sharing of Vehicle Management) A (the Plaintiff in this case; hereinafter “Plaintiff”) shall entrust the said vehicle to B (the Defendant in this case; hereinafter “Defendant”) for a substantial management.

However, administrative management shall take charge of the plaintiff.

Article 5 (Sharing of Taxes and Taxes) The Defendant shall bear all kinds of taxes, penalties, etc. incurred in operating the instant vehicle.

Article 8 (Collection of Arrears) Taxes and public charges, deductible contributions and general insurance contributions, entrusted management expenses, and installment payments at the time of purchase of an installment vehicle for at least one month shall be borne by interest of 1/1 of a month. In cases of default for at least three months, if the plaintiff is notified to the defendant and fails to pay the delinquent amount within one month after the peremptory notice, the plaintiff shall be deemed to have been settled by the recovery of the management vehicle of the defendant and by offsetting the delinquent amount, and if it is insufficient,

B. In accordance with the instant consignment management contract, the Defendant completed the transfer of ownership in the name of the Plaintiff with respect to the instant vehicle, and on May 18, 2009, the registration of “the foregoing vehicle is an entrusted vehicle invested in kind by A” in the register of vehicle concerning the instant vehicle in the column for the register of vehicle concerning the instant vehicle. The Defendant is the management fee (charge) for the Plaintiff from October 9, 2008 to April 9, 2012.

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