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(영문) 수원지방법원 여주지원 2017.04.25 2016가단10157
소유권이전등록
Text

1. The defendant

A. On December 15, 2016, the termination of the consignment management contract for the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

Facts of recognition

The plaintiff is a legal entity that runs trucking transport business.

On December 23, 2013, the Plaintiff and the Defendant invested in kind the trucks listed in the separate sheet to the Plaintiff, and entered into a contract under which the Plaintiff entrusted the management of the said automobiles to the Defendant to carry on the transport business with the said automobiles (hereinafter “instant contract”).

In concluding the above contract, the plaintiff and the defendant will have administrative management of the above vehicle, and the defendant will pay 250,000 won per month to the plaintiff as management fees, and various public charges imposed on the vehicle will be borne by the defendant.

In addition, the above contract includes the fact that the plaintiff may terminate the contract if the defendant fails to pay the fee for more than three months.

From March 2015, the Plaintiff and the Defendant agreed to lower the management expenses to be borne by the Defendant as KRW 200,000.

The Plaintiff filed a lawsuit claiming that the Defendant did not pay the vehicle management fees and various public charges up to the part of June 2016 (this Court Decision 2016Da6738). On September 28, 2016, the conciliation was concluded that the Defendant would pay KRW 3 million to the Plaintiff.

Even after the Defendant did not pay the Plaintiff the vehicle management expenses and public charges, and the sum of the vehicle management expenses and public charges from July 2016 to December 2016, 2016, which the Defendant unpaid, is KRW 2,861,780.

The Plaintiff notified the Defendant of the termination of the instant contract through the service of the instant complaint.

(Reasons for recognition) Facts without dispute, entries in Gap evidence 1 through 7 (including each number), the purport of the whole pleadings.

Judgment

According to the above facts of recognition, the defendant shall pay unpaid management expenses and public charges to the plaintiff according to the contract of this case.

In addition, the defendant did not pay the fee for more than three months and the termination right was created against the plaintiff, and the complaint of this case stating the plaintiff's declaration of termination.

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