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(영문) 창원지방법원 밀양지원 2018.09.04 2018가단11574
자동차소유권이전등록 및 미수금청구의 소
Text

1. The Defendant terminated the consignment management contract on May 30, 2018 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

Basic Facts

On October 12, 2011, the Plaintiff, who is engaged in trucking transport services, entered in the separate sheet (hereinafter “instant automobile”) in the name of the Plaintiff and made it possible for the Defendant to run the trucking transport business using the Plaintiff’s registered name of the trucking transport business, and the Defendant entered into a consignment management contract (hereinafter “instant consignment management contract”) with the content that the Defendant will pay KRW 143,000 as management fee, which is a consideration for the consignment of management rights, to pay KRW 143,000,000.

According to the entrusted management contract of this case, if the defendant fails to pay the entrustment fee for at least three months, the plaintiff can unilaterally terminate the contract without the notice of performance.

The contract term of the instant consignment management contract is stipulated from the date of conclusion to the date of sale of the instant automobile or cancellation of registration. The Defendant, even though engaged in freight trucking services using the instant automobile, did not pay the consignment fee under the instant consignment management contract. The sum of the consignment fee in arrears is KRW 6,292,00 as of May 24, 2018, which was the date of the instant lawsuit, and the insurance premium paid by the Defendant for or imposed on behalf of the Plaintiff was KRW 962,720,720, various administrative fines were KRW 33,00, and environmental improvement charges were KRW 325,970, both KRW 7,913,690.

The Plaintiff, on May 30, 2018, sent a copy of the instant complaint to the Defendant, stating that “the Plaintiff expressed his/her intent to terminate the instant consignment management contract by serving a copy of the instant complaint on the Defendant.”

The instant motor vehicle is registered in the name of the Plaintiff until before the closing date of the instant case.

【Ground of recognition” has no dispute, each entry of Gap's 1 through 9 (including each number), and the purport of the whole pleading, as to the automobile of this case, which is caused by termination of the entrusted management contract of this case.

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