logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원순천지원 2016.08.18 2016가단4086
자동차소유권이전등록절차인수 등
Text

1. Defendant A is based on the termination of the consignment management contract with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Basic facts

A. Defendant B entered into an entrustment management contract with the Plaintiff on the motor vehicle indicated in the attached sheet and operated the motor vehicle indicated in the attached sheet.

B. On September 15, 2014, the Plaintiff and the Defendants agreed to change the operator of the motor vehicle indicated in the separate sheet from Defendant B to Defendant A on the condition that Defendant A take over the unpaid management expenses, etc. which Defendant B bears against the Plaintiff in accordance with the entrustment management contract for the motor vehicle indicated in the separate sheet. Accordingly, on September 15, 2014, the Plaintiff entered into an entrustment management contract for the motor vehicle indicated in the separate sheet from Defendant A (hereinafter “the instant entrustment management contract”) with Defendant A on the condition that Defendant A takes over the unpaid management expenses, etc. which Defendant A bears against the Plaintiff, and the Defendant B made a joint and several guarantee as to the obligation, such as the management expenses, etc. that Defendant A bears to the Plaintiff.

C. In the instant land entry agreement, the land entry agreement may be terminated if the land owner fails to pay management expenses for more than three months, and the land owner bears all expenses incurred in the ownership, management, and operation of the vehicle, such as the repair of the vehicle's breakdown, main oil, taxes and public charges, taxes and public charges, integrated insurance premiums, additional contributions to be deducted, and installment payments.

Defendant A is in arrears with management expenses from September 15, 2014 to August 11, 2016, which is the date of closing the argument, and is operating a motor vehicle listed in the attached Form without bearing insurance premiums, etc. on the motor vehicle stated in the attached Form.

E. The management expenses that the Plaintiff was not paid by the Defendant A and the insurance premiums paid by the Plaintiff are equivalent to KRW 17,120,360 as of March 2016 (including KRW 9,623,160 as of March 2016).

F. On August 18, 2015, the Plaintiff notified Defendant A of the termination of the instant branch entry contract on the ground that management expenses were unpaid.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers), the purport of the whole pleadings

2. Determination:

(a) above;

arrow