A. On October 2, 2006, the Plaintiff and the Defendant entered into an entrustment management contract (hereinafter “instant contract”) with respect to automobiles listed in the separate sheet (former vehicle registration number: B: hereinafter “instant automobile”) with the effect that their names belong to the Plaintiff externally, and the Defendant manages and operates the instant automobile and pays monthly management expenses to the Plaintiff within the country, and the Defendant may terminate the contract in the event that the Defendant was in arrears for not less than three months of the amount to be borne, such as management expenses, etc.

B. From July 1, 2007 to April 1, 2015, the sum of management expenses, insurance, and cash rental fees, etc. that the Defendant has defaulted from July 1, 2015 reaches KRW 10,233,130 (the management expenses up to July 1, 2014 are KRW 100,000 per month and the management expenses thereafter are KRW 180,00 per month).

The Plaintiff filed the instant lawsuit by asserting that the contract of this case was terminated on the ground that the Defendant was in arrears, and the duplicate of the instant complaint and the written amendment of the purport of the claim (as of April 20, 2015), stating the above contents, were served on the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, Eul evidence Nos. 1, 2, 3, and 5 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the Defendant is obligated to take over the transfer registration procedure for the instant motor vehicle from the Plaintiff on the ground of the termination of the instant contract, and the Plaintiff is obligated to pay the amount calculated by applying the rate of KRW 180,00,00,000, which is equivalent to the monthly management expenses, from May 1, 2015 until the acquisition of the above transfer registration procedure.

I would like to say.

B. As to this, the Defendant asserts to the effect that it is unreasonable for the Plaintiff to file a claim for the exemption of the amount in arrears with the former company (C) at the time of the conclusion of the instant contract, including the Plaintiff’s agreement. As seen earlier, the Plaintiff was acquired from the former company after July 2007.