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(영문) 대전지방법원 논산지원 2018.09.20 2018가단1332
소유권이전등록
Text

1. The Defendant terminated the consignment management contract on July 23, 2018 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Indication of claim;

A. On April 30, 2013, the Plaintiff entered into an entrustment management contract with the Defendant (hereinafter “instant contract”) with the content that: (a) the Defendant registered and entered an automobile listed in the separate sheet (hereinafter “instant vehicle”) in the name of the Plaintiff; and (b) shall pay monthly management expenses, taxes, public charges, and insurance premiums to the Plaintiff in return for management and operation under the Defendant’s responsibility (hereinafter “instant contract”).

B. Under the instant contract, the Plaintiff was entitled to terminate the contract without the notice of performance, where the Defendant did not pay management expenses, etc. for more than two months.

However, the defendant delays the payment of management expenses, etc. for more than two months and the unpaid management expenses on May 31, 2018 are KRW 2,110,450.

C. The Plaintiff expressed his/her intent to terminate the instant contract on the grounds of delinquency, such as management expenses, upon the delivery of the duplicate of the instant complaint, and the duplicate of the instant complaint was served on the Defendant on July 23, 2018.

Therefore, since the instant contract was terminated on July 23, 2018, the Defendant is obligated to take over the transfer registration procedure for the instant vehicle from the Plaintiff on July 23, 2018.

In addition, the defendant is obligated to pay to the plaintiff 2,110,450 won including the above management expenses, etc. incurred until May 31, 2018, and damages for delay calculated at the rate of 15% per annum from July 24, 2018 to the date of delivery of the copy of the complaint in this case that the plaintiff seeks after the due date for repayment.

E. Furthermore, since the Defendant continues to operate the instant vehicle until now, the Defendant, even after the termination of the instant contract, has operated the instant vehicle in the name of the Plaintiff’s trucking transport business until the registration of ownership transfer on the instant vehicle has been completed, thereby obtaining unjust enrichment equivalent to the management expenses.

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