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(영문) 대전지방법원 2016.01.20 2015가단28972
자동차소유권이전등록절차인수
Text

1. The defendant,

A. On August 18, 2015, an entrustment agreement is made with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Basic facts

A. On May 24, 2012, the Plaintiff, as trucking freight trucking services, reverted the owner’s registration title to the Plaintiff with respect to automobiles listed in the separate sheet (hereinafter “instant automobile”). The Defendant entrusted the Plaintiff with a vehicle management right, such as the transportation business, etc. for the instant automobile, and, in return, paid the Plaintiff KRW 165,00 (including value-added tax; hereinafter “management fee”) monthly management fee (including the royalty for permission; hereinafter “management fee”) to the Plaintiff. In addition, the Plaintiff agreed to the consignment agreement with the Defendant to bear the Defendant’s tax and public charges, insurance premiums, penalty charges, etc. related to

(hereinafter referred to as the “instant consignment agreement”). B.

In the instant consignment agreement, the Defendant agreed to the effect that “When the Defendant has unpaid management expenses on at least two occasions,” the Plaintiff may terminate the contract, “if the Defendant has unpaid the Defendant’s burden, such as taxes and public charges, taxes and public charges, insurance premiums, additional contributions to be deducted, penalty charges, installment payments, etc. at least once, the Defendant shall pay 20% delayed damages from the date following the due date when the Defendant is delinquent for at least three months, and the Defendant shall be liable and paid to the Plaintiff for the amount of money and losses incurred from the insurance premium increase due to an accident that occurred during operation.”

C. Upon the Defendant’s delinquency in payment of management expenses under the instant consignment agreement at least twice, the Plaintiff expressed his/her intent to terminate the instant consignment agreement on the grounds of delinquency in management expenses, etc. with the delivery of the instant complaint, and on August 18, 2015, the instant complaint was served on the Defendant.

Until December 16, 2015, which was the date of the closing of the instant argument, the Defendant delayed the payment of KRW 2,964,920 for management expenses (i) the full amount of management expenses from November 32, 2014, from December 2, 2014 to November 201, 2015, (ii) the penalty amount of KRW 108,000, and (iii) the difference in the premium of the accident amount of KRW 2,964,920.

E. Meanwhile, at the time of the instant consignment agreement, the Plaintiff entered the maximum loading capacity from the Defendant into five tons.

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