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(영문) 부산지방법원 동부지원 2018.06.27 2018가단659
자동차이전등록등
Text

1. The Defendant terminated the consignment management contract on January 30, 2018 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

On December 16, 2015, the Plaintiff reverted the name of the registration with respect to the motor vehicle listed in the separate sheet owned by the Defendant (hereinafter “instant motor vehicle”) to the Plaintiff, and operated the trucking transport business by being entrusted with the operation of the said motor vehicle by the Plaintiff, and the Defendant entered into a transportation business consignment management contract (hereinafter “instant entrustment contract”) with the terms that the Defendant shall pay to the Plaintiff monthly management consignment fee of KRW 231,00,000, insurance premiums, taxes and public charges, etc. In return, the fact that the Defendant did not pay KRW 3,661,860 in aggregate of the management consignment fees and taxes and public charges to be borne under the instant entrustment contract as of the date of closing the argument of the instant case is not a dispute between the parties, and the fact that the instant complaint stating the Plaintiff’s declaration of intent to terminate the instant entrustment contract on January 30, 2018 is apparent in the record.

Therefore, inasmuch as the instant consignment contract was lawfully terminated on January 30, 2018, the Defendant is obligated to take over from the Plaintiff the procedure for the registration of transfer of ownership for the instant automobile, and pay the Plaintiff damages for delay calculated by the rate of 15% per annum from January 31, 2018 to the date of full payment, which is the day following the delivery of the instant complaint, to the day of complete payment.

Therefore, the plaintiff's claim of this case is justified, and all of them are accepted, and it is so decided as per Disposition.

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