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(영문) 대구지방법원 2017.02.15 2016나11330
자동차소유권이전등록의 인수이행 등
Text

1. The defendants, among the parts of the judgment of the court of first instance, whose payments exceed the following amounts.

Reasons

1. Basic facts

A. On February 29, 2008, the Plaintiff entered into an entrustment management contract (hereinafter “instant management contract”) with Defendant A regarding an automobile listed in the separate sheet (hereinafter “instant automobile”), and Defendant B signed the instant management contract as a joint and several surety for Defendant A’s obligation under the instant management contract.

B. Monthly admission management fees stipulated in the instant management contract are KRW 200,000 (excluding surtax). All expenses incurred in the management and operation of the instant vehicle, such as the repair of the breakdown and oil, taxes and public charges, deductible charges, insurance premium, etc., were borne by the Defendant A.

C. Defendant A, while running the instant vehicle, failed to pay the Plaintiff the fees, administrative fines, etc. on several occasions, and around December 9, 2015, the amount in arrears reached approximately KRW 13,235,520.

On November 19, 2015, the Plaintiff notified the Defendants that the instant management contract will be terminated if the overdue entry management fees, etc. are not paid by December 10, 2015.

E. At the time of the closing of argument in the instant case, the monthly average of KRW 423,293 (the sum of KRW 5,079,940, which was imposed, including management expenses, etc. in 2015; hereinafter the same shall apply) is required for the management fees under the instant management contract and the costs necessary for the management and operation of the instant vehicle.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 10 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the instant management contract was lawfully terminated in accordance with the notice of termination issued by the Plaintiff on the grounds of delinquency, such as the Defendant’s fees for managing the land in arrears. Thus, barring any special circumstance, Defendant A is obligated to take over the transfer of ownership registration procedure for the instant automobile from the Plaintiff on January 11, 2016, and the Defendants are jointly and severally liable to take over the transfer of ownership registration procedure due to the termination of the said entrustment management contract.

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