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(영문) 서울중앙지방법원 2018.06.11 2016가단116181
자동차소유권이전등록절차인수 등
Text

Defendant:

A. From the Plaintiff, the termination of the consignment management contract as of June 2, 2015 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

Judgment on the Grounds of Claim

(a)The following facts are not in dispute between the Parties:

1) On August 11, 2014, the Plaintiff is a motor vehicle indicated in the attached Table with the Defendant (hereinafter “instant motor vehicle”).

A) Upon entering into an entrustment management agreement with respect to the instant motor vehicle, the name of the owner of the instant motor vehicle is the Plaintiff. The Plaintiff entrusted the Defendant with the right to operate and manage the trucking transport business and agreed to pay KRW 170,000 per month to the Plaintiff as management expenses, while operating the instant motor vehicle as an independent business operator by the Defendant, and to bear public charges, insurance premiums, etc. on the instant motor vehicle (

(2) In addition, the Defendant agreed that the Plaintiff may terminate the contract without a peremptory notice when the payment of management expenses, public charges, etc. is overdue for at least three months. (2) The Plaintiff completed the new registration of ownership of the instant automobile on August 11, 2014 in accordance with the instant consignment management contract.

3) From September 2014, the Defendant delayed the payment of public charges, insurance premiums, and management expenses, and up to April 2018, the management expenses, public charges, insurance premiums, and insurance premiums in arrears reached KRW 8,982,258. 4) On June 2, 2015, the Plaintiff expressed his/her intent to terminate the instant consignment management contract on the ground that the Plaintiff did not pay unpaid management expenses, etc. to the Defendant by the fifth day of the same month, and that the said declaration of intention reached the Defendant around that time.

B. Therefore, inasmuch as the instant consignment management contract was terminated, the Defendant is obligated to take over the transfer registration procedure for the instant automobile from the Plaintiff on the ground of the termination of the said consignment management contract, and pay to the Plaintiff the unpaid management expenses, insurance premiums, and public charges, the amount of KRW 8,543,90 claimed by the Plaintiff, and the damages for delay calculated at the rate of 15% per annum from October 25, 2016 to the date of full payment, which is the day following the delivery of the duplicate of the complaint.

2. The plaintiff's conclusion of this case.

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