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(영문) 의정부지방법원 2018.01.24 2017가단127432
소유권이전등록
Text

1. Defendant B terminated the consignment management contract on October 17, 2017 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant B entered into an entrustment management agreement (the monthly management fee of KRW 150,000) with respect to the instant vehicle (the number of the instant vehicle was changed to E; hereinafter “instant vehicle”) between KONEX Co., Ltd. (hereinafter “KON”) and KONEX, and registered the instant vehicle in the name of KONEX and operated the transport business.

B. On July 19, 2016, Defendant B changed a company into the branch of the F Co., Ltd. (hereinafter “F”), and agreed to succeed to the terms of the above consignment management agreement entered into with the KONA when concluding a new entrustment management agreement with the F Co., Ltd. (hereinafter “F”) on the instant vehicle (excluding monthly management fee of KRW 200,000 (value added tax)).

C. After that, on February 27, 2017, Defendant B changed a company into another company, and entered into an entrustment management agreement with the Plaintiff (the representative is the same as G) related to F, and as in the same way, Defendant B succeeded to the terms of the above entrustment management agreement entered into with KON and did not pay all the charges to be paid by the Defendant B for at least three months (Article 19(2)1), the Plaintiff may terminate the above entrustment management agreement without any peremptory notice (Article 19(2)1), and the Defendant C agreed to impose interest at least 10% per annum on the overdue management expenses (Article 2(2)1 of the undertaking), and at the time, Defendant C guaranteed the obligation under the above entrustment management agreement with the Defendant B.

As of the day before the receipt of the complaint of this case, Defendant B, as of the day of the foregoing consignment management contract, did not pay to the Plaintiff the remainder KRW 2,459,350 as KRW 3,859,28 with respect to the instant vehicle, including management expenses, association expenses, insurance premiums, administrative fines, and taxes (including the succession of obligations to KON and F), but did not pay the remainder of KRW 2,459,350.

E. Accordingly, the Plaintiff terminated the consignment management contract to Defendant B as the instant complaint.

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