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(영문) 인천지방법원 2020.03.04 2019가단27511
자동차소유권이전등록및위탁관리비
Text

1. The Defendant terminates the consignment management contract on October 15, 2019 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Indication of claim;

A. The Plaintiff is a legal entity that provides cargo transportation services in accordance with the Trucking Transport Business Act, and is a company that takes title trust with an automobile listed in the separate sheet from the Defendant, and the Defendant is a branch owner that provides cargo transportation services using a truck under title trust with

B. Since the above consignment management contract for an automobile indicated in the separate sheet between the Plaintiff and the Defendant is in the form of mixing the title trust and the delegation between a party to the contract and a party to the contract, the above consignment management contract may be terminated at any time. Since the above consignment management contract is terminated, the Defendant is obliged to take over the transfer registration procedure for an automobile listed in the separate sheet in the Plaintiff’s name.

C. The Defendant paid to the Plaintiff KRW 418,00 each month the entrusted management expenses under the above entrusted management contract, and the Defendant’s payment of both taxes and public charges, fines for negligence, and penalties imposed due to the operation of the motor vehicle indicated in the attached Table, even though the Defendant did not pay them without any justifiable reason, and the overdue amount as of October 15, 2019 reaches KRW 10,496,760, and thus, the Defendant is obligated to pay them to the Plaintiff.

In addition, the Defendant is obligated to pay the Plaintiff the insurance premium of KRW 418,00 per month from October 16, 2019 to the completion date of the transfer registration of ownership, the environmental improvement charges of KRW 410,00 per year, the automobile tax of KRW 34,00 per year, and the automobile insurance premium of KRW 3,430,150 per year.

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;

3. Under the provisions of the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which was amended by Presidential Decree No. 29768, May 21, 2019 and enforced June 1, 2019, only the damages for delay calculated at the rate of 12% per annum from June 1, 2019 to the date of full payment is recognized, and the Plaintiff’s damages for delay are claimed.

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