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(영문) 서울동부지방법원 2019.10.16 2019나250
자동차강제이전등록의 소
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall regard the motor vehicles listed in the attached list from the plaintiff.

Reasons

1. Basic facts

A. On December 30, 2009, the Plaintiff entered into a truck consignment management contract with the Defendant (hereinafter “instant consignment management contract”) with the content that the Plaintiff entrusts the Defendant with the management of the said vehicle under the name of the Plaintiff, and the Plaintiff is paid a certain amount of management fees each month in return for entrustment. Taxes, public charges, and tax charges, insurance premiums, etc. are to be borne by the Defendant for expenses incurred in the management and operation of the instant vehicle (hereinafter “instant consignment management contract”).

The plaintiff and the defendant agreed that when the defendant did not pay taxes, public charges, deductible charges, vehicle insurance premiums, and other charges for not less than three months in the entrusted management contract of this case, the plaintiff may terminate the above contract after the notice of performance.

B. On October 25, 2016, the Plaintiff notified the Defendant of the termination of the instant consignment management contract where the Defendant did not pay the delayed management expenses, etc. by October 31, 2016, due to the delay in the long-term management expenses, taxes, public charges, insurance premiums, automobile taxes, and all kinds of administrative fines, etc.

However, the defendant did not pay the management expenses, etc. in arrears until October 31, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, on October 25, 2016, the Plaintiff notified the Defendant to pay taxes and public charges in arrears, and expressed in advance the intent to terminate the entrusted management contract of this case where the Plaintiff did not pay it by the 31th day of the same month. Since the Defendant did not pay it by the said payment period, the entrusted management contract of this case was lawfully terminated on October 31, 2016.

Therefore, the Defendant terminated the entrusted management contract of this case from the Plaintiff on October 31, 2016.

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