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(영문) 창원지방법원거창지원 2015.09.15 2015가단842
자동차명의이전등록
Text

1. Defendant A terminated the consignment management contract as of July 25, 2015 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 8, 2010, the Plaintiff entered into an entrustment management agreement with Defendant A (hereinafter “instant contract”) with the effect that the ownership of an automobile indicated in the separate sheet (hereinafter “instant automobile”) should be reverted to the Plaintiff, and that Defendant A would pay a certain amount of management fees to the Plaintiff while operating the said automobile upon being entrusted with the operation and management right of the said automobile by the Plaintiff, and bear the obligation to pay taxes, public charges, insurance premiums, penalties, etc. (hereinafter “instant contract”), and completed the transfer of ownership in the name of the Plaintiff as to the said automobile.

(2) At the time of the conclusion of the instant contract, the Plaintiff and the Defendant A agreed that “When Defendant A was delinquent in paying taxes, public charges, insurance premiums, and penalties for three months or more, the Plaintiff may unilaterally cancel the instant contract.” However, Defendant A failed to pay taxes, public charges, and punishment, etc. from around 2011, and Defendant A was in arrears with the entrusted management expenses, etc., which were in arrears to the Plaintiff under the instant contract. The amounting to KRW 8,574,320 as of May 20, 2015.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings

B. When the Plaintiff entered into the instant contract with Defendant A, Defendants B, C, and C jointly and severally guaranteed the Plaintiff’s obligation to pay taxes and public charges, insurance premiums, and penalties.

[Grounds for Recognition] The offer of confession under Article 150 of the Civil Procedure Act

2. Determination

A. According to the above facts, the Plaintiff may terminate the instant contract on the grounds of delinquency in taxes and public charges of Defendant A, etc., and thus, it is deemed that the instant contract was lawfully terminated as of July 25, 2015, when the duplicate of the instant complaint containing the Plaintiff’s intent to terminate the contract was served on Defendant A.

B. Therefore, Defendant A is obligated to accept from the Plaintiff the transfer of ownership registration procedure for the instant motor vehicle on July 25, 2015, and the Defendants are jointly and severally liable for termination of the instant contract.

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