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(영문) 광주지방법원순천지원 2014.11.14 2014가단12304
자동차소유권이전등록 등
Text

1. The defendant shall be the plaintiff.

A. On July 23, 2014, with respect to the motor vehicles listed in the separate sheet, termination of the entrusted management contract.

Reasons

1. Determination as to the cause of claim

A. 1) On September 1, 2005, the Plaintiff is a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) between the Defendant and the Defendant.

(2) The instant consignment management agreement provides that the Plaintiff shall vest ownership in the Plaintiff, who is the trucking transport business, and that the Defendant shall pay KRW 200,000 per month the management expenses to the Plaintiff while operating the said automobile upon entrustment by the Plaintiff, and that the Defendant shall bear the liability to pay the administrative fines, insurance premiums, taxes and public charges incurred in the operation of the said automobile (hereinafter “instant consignment management agreement

(2) The Defendant did not pay KRW 7,870,00 among the management expenses under the instant consignment management contract from October 201 to June 2014, and the Defendant did not pay KRW 136,800 under the said consignment management contract from January 201 to June 2014.

On the other hand, on February 26, 2014, the Plaintiff paid an administrative fine of KRW 313,440 according to the operation of the instant vehicle by subrogation of the Defendant.

3) On July 23, 2014, the Defendant was served with a duplicate of the instant complaint indicating the Plaintiff’s declaration of intent to terminate the instant consignment management contract. The purport of the instant complaint was as follows: (a) evidence Nos. 1 through 5, 7, 9 through 12 (including paper numbers) of the grounds for recognition.

B. According to the above facts of recognition, since the Defendant failed to perform its duty to pay management expenses, etc. under the above entrusted management contract, the above entrusted management contract was lawfully terminated on July 23, 2014 where the Plaintiff’s declaration of termination was delivered to the Defendant on the ground of the said nonperformance.

Therefore, on July 23, 2014, the Defendant: (a) performed the procedure for registration of transfer of ownership on the instant automobile; (b) paid the Plaintiff the total sum of KRW 8,320,200 (= KRW 136,800,000, KRW 313,400) due to unpaid management expenses, insurance premiums and the Plaintiff’s subrogation for the fine for negligence; and (c) paid the transfer of ownership from July 1, 2014 to the above procedure for registration.

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