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(영문) 수원지방법원 2016.09.01 2015가단51919
자동차소유권이전등록절차이행
Text

1. The Defendant on October 5, 2015, on the motor vehicles indicated in the separate sheet from the Plaintiff, causes the termination of the consignment management contract.

Reasons

In full view of the purport of the argument in the evidence Nos. 1 through 10, the Plaintiff entered into the entrustment management contract (hereinafter “instant management contract”) with the Defendant on June 26, 2012, and the Plaintiff and the Defendant raised the monthly management expenses from July 2014 to October 5, 2015. The Defendant failed to pay the Plaintiff KRW 6,409,990, and the amount of arrears was around October 5, 2015, and the Plaintiff notified the Defendant of the termination of the instant management contract on October 5, 2015 on the ground that the management expenses, etc. were in arrears, and the fact that the Defendant did not pay the Plaintiff the monthly management expenses, etc. at the time of closing argument, and the fact that the Defendant did not pay the monthly management expenses, etc. to the Plaintiff and the Defendant raised the monthly management expenses from July 2014 to October 9, 2019.

According to the above facts, the management contract of this case was lawfully terminated by the plaintiff's notice of termination on the ground that the defendant did not pay the management fee of this case. Thus, barring any special circumstance, the defendant is obligated to take over the transfer registration procedure of this case from the plaintiff on October 5, 2015 on the ground that the above management contract of this case was terminated. In addition, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 15% per annum from October 14, 2015 to the day after the delivery of the copy of the complaint of this case from October 14, 2015 to the day after full payment.

The defendant asserted that he did not pay the management expenses, etc. because he paid the plaintiff the total amount of 30,245,370 won as the management expenses, etc., but the above assertion is not accepted, since the management expenses, etc. were overdue.

In addition, the defendant agreed at the time of entering into the instant management contract.

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