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Reasons
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(영문) 광주지방법원순천지원 2019.10.16 2018가단79893
소유권이전등록 등
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1. The defendant,

A. The Plaintiff’s KRW 90,000 and the Plaintiff’s 15% per annum from November 20, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. On July 22, 2010, the Plaintiff (formerly: D) entered into an operation and management contract with the Defendant on the motor vehicle indicated in the separate sheet (hereinafter “instant motor vehicle”) as follows.

Any person who has a right to register cargo transportation services under Article 13 of the Trucking Transport Business Act (hereinafter referred to as the "Plaintiff") and any person who intends to make an investment in kind in a truck and use the truck in question (hereinafter referred to as the "Defendant") shall enter into an operation and management contract as follows:

Article 3 (Operating Management Period) The validity of this Agreement shall begin from the date of conclusion of the contract and continue unless the original defendant expresses his intention to terminate it.

Article 4 (Indication of Ownership) (1) The cargo vehicles invested in kind by the defendant are registered in the register of automobiles in the name of the plaintiff, and the plaintiff is the owner under the law, and the defendant is the actual owner.

2. Upon termination, cancellation, or other cause of this contract, the Plaintiff made a change of the name in the register of automobile to the Defendant by agreement of the original Defendant, and the Defendant waived the right to operate and manage the Plaintiff.

C. Article 5 (Management Fees) The Defendant shall pay the operating management fees for each month to the Plaintiff in advance by the fifth day of each month in return for the management right.

Article 16 (Cancellation and Termination) (2) The plaintiff may terminate the contract at will without a peremptory notice of performance in any of the following cases:

2. A default on the burden of Article 5 and all the defendants for not less than three months;

B. As the Defendant did not pay the sum of KRW 990,00 (165,00 per month x 6 months) from May 2018 to October 2018, the Plaintiff sent to the Defendant a certificate of content that the instant operation and management contract is terminated pursuant to Article 16(2) of the Operation and Management Contract.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 11, purport of whole pleadings

2. The cause of the action.

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