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(영문) 대구지방법원 경주지원 2018.05.29 2018가단506
자동차소유권이전등록
Text

Defendant:

A. As to the motor vehicles listed in the separate sheet from the Plaintiff, it is based on the termination of the above consignment management contract.

Reasons

Facts of recognition

The following facts are either disputed between the parties, or may be recognized by comprehensively taking account of the descriptions in Gap evidence 1, 2-1, 2, and 3 and the whole purport of oral arguments:

On January 13, 2017, the Plaintiff entered into an entrustment management agreement with the Defendant on the instant automobiles listed in the separate sheet (hereinafter “instant automobiles”) and agreed to pay KRW 250,000 per month to the Plaintiff as management expenses, when the Plaintiff entrusted the instant automobiles to the Defendant, who operated the instant automobiles as an independent business operator by entrusting the Defendant with the operation and management right of the instant automobiles, and paid the Plaintiff KRW 250,000 per month as management expenses, and the expenses, such as public charges and insurance premium

(hereinafter “instant consignment management contract.” Under the instant agreement, if the Defendant delays the payment of management expenses, public charges, etc. for not less than three months, the Plaintiff agreed to terminate the contract after giving two or more written notice by specifying the violation of the contract with a grace period of not less than two months.

B. On January 13, 2017, the Plaintiff completed the ownership transfer registration of the instant automobile from the Defendant in accordance with the instant consignment management contract.

C. After that, the Defendant delayed the payment of public charges, insurance premiums, and management expenses, and up to January 2018, the management expenses, public charges, and insurance premiums in arrears were 2,52,060 won.

On January 15, 2018, January 24, 2018, and January 30, 2018, the Plaintiff expressed to the Defendant the intent to terminate the entrusted management contract of this case on the grounds of the delinquency in management expenses, etc., respectively, and each of the above declarations reached the Defendant at that time.

2. According to the above facts of determination as to the cause of the claim, the Plaintiff notified the termination of the instant consignment management contract on the ground of delinquency in payment of management expenses, etc. through the notification as of January 15, 2018, January 24, 2018, and January 30, 2018 and the service of a copy of the complaint as of January 21, 2018 ( February 21, 2018), and the Defendant received the notification as above, for more than two months.

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