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(영문) 부산지방법원 2015.11.12 2015가단41523
자동차소유권이전등록
Text

1. Defendant A terminated the consignment management contract on June 24, 2015 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 27, 2010, the Plaintiff entered into an entrustment management agreement with the Defendant to entrust the management right of the instant vehicle (hereinafter “instant contract”) to the Defendant with the management right of the instant vehicle with the fact that the Plaintiff would be able to terminate the contract in the event that the Defendant A was in arrears for at least three months with management expenses, etc. monthly management expenses from the Defendant A, and the Defendant B jointly and severally guaranteed the Defendant A’s obligation under the instant contract.

B. The Defendant A’s delayed management expenses, automobile tax, administrative fines, etc. up to May 2015 reaches KRW 11,943,250 in total.

C. On June 24, 2015, the Plaintiff expressed his/her intent to terminate the instant contract on the grounds of delinquency in the management expenses, etc. upon the delivery of the complaint of this case. The complaint of this case was served on the Defendants.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, since the contract of this case was lawfully terminated in accordance with the plaintiff's declaration of termination on the ground of the non-payment, such as management expenses, etc. of the defendant A, the defendant A is obligated to take over the transfer registration procedure of ownership on the motor vehicle of this case from the plaintiff to the original state following the termination of the contract. Further, the defendants are jointly and severally liable to pay to the plaintiff 1,943,250 won, such as the unpaid management expenses, and damages for delay calculated at the rate of 20% per annum from June 25, 2015 to the day of full payment, as requested by the plaintiff.

B. Defendant A’s assertion that the Plaintiff had a duty to provide a distance to Defendant A, and did not perform this duty, and there is no evidence to support the Plaintiff’s claim.

(2).

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