A. On October 201, the Plaintiff and the Defendant reverted ownership to the Plaintiff regarding the instant automobiles listed in the separate sheet (hereinafter “instant automobiles”), but the Defendant, the actual owner of the instant automobiles, while operating the instant automobiles, paid KRW 250,000 per month management fees (in advance by the fifth day of each month) to the Plaintiff, and entered into the instant operation and management agreement with the Defendant to bear the tax, public dues, insurance premiums, and liability for the payment of penalty imposed on the instant automobiles.

According to the instant operation and management contract, when the Defendant fails to pay the above management expenses and bear all the burden for at least three months, the Plaintiff may terminate the instant operation and management contract at will without the notice of performance.

B. The Defendant did not pay KRW 15,503,00 in total, including management expenses and insurance premiums paid by the Plaintiff from October 201 to November 2016, 201, which ought to be paid to the Plaintiff according to the instant operation and management contract.

C. Upon filing the instant lawsuit, the Plaintiff expressed his/her intent to terminate the instant operation and management contract to the Defendant, and the complaint stating the said declaration of intent reaches the Defendant on December 25, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, it is reasonable to view that the instant operation and management contract was terminated on December 25, 2016 upon the Plaintiff’s declaration of termination due to the Defendant’s default on payment, such as management expenses, and barring any special circumstance, the Defendant is obligated to accept from the Plaintiff the transfer registration procedure for the instant automobile on December 25, 2016, and the Defendant is obliged to accept from the Plaintiff the transfer registration procedure for the instant automobile on December 25, 2016, and (2) the Defendant calculated by deducting 14,803,000 won, including management expenses up to the portion of November 201, 201, and insurance premiums paid by the Plaintiff, and 700,000 won, which was paid by the Plaintiff.