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(영문) 대전지방법원 2015.10.07 2015가단208358
소유권이전등록
Text

1. The defendant,

A. On May 11, 2015, the termination of the consignment management contract with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Basic facts

A. On February 20, 2012, the Plaintiff (hereinafter “instant contract”) entered into an entrustment management agreement with the Defendant to receive management expenses of KRW 250,000 per month from the Defendant and to entrust the Defendant with the management right for the instant vehicle (hereinafter “instant contract”), and agreed that the Plaintiff may terminate the instant contract if the Defendant fails to pay the expenses, such as management expenses, for more than three months.

B. The Defendant’s overdue management expenses, automobile tax, partnership expenses, etc. up to April 3, 2015 reaches KRW 13,65,995 in total.

C. Accordingly, the Plaintiff expressed his/her intent to terminate the instant contract on the ground that the delivery of the instant complaint was overdue, etc., and on May 11, 2015, the instant complaint was served on the Defendant.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 4 (including virtual number), and the purport of whole pleadings

2. Determination

A. 1) According to the factual basis of the claim for the acquisition of the transfer of ownership registration procedure, the instant contract was lawfully terminated by the Plaintiff’s declaration of termination on the ground that the Defendant did not pay management fees. Therefore, according to the above factual basis, the Defendant is obligated to accept the transfer registration procedure for the instant automobile from the Plaintiff due to the restoration of the original state following the termination of the contract. 2) According to the above factual basis, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 13,655,95 won, including unpaid management fees, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 12, 2015 to the date of full payment.

The Plaintiff’s management expenses and management expenses of KRW 252,50 each month from the day after the date of termination of the instant contract to the day after the completion of the acquisition of the transfer registration procedure.

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