A. On July 31, 2012, the Plaintiff entered into an entrustment management agreement with the Defendant by setting forth that the Plaintiff may terminate the contract if the Defendant did not pay the management expenses for at least three months, both the Plaintiff, the land owner operator, the Defendant, and the management expenses to be paid by the Defendant each month (in addition, KRW 300,000 per month) and the penalty charges and penalty surcharges incurred in operating the vehicle.

B. The Defendant has continuously failed to pay the management expenses, insurance premiums, etc. before March 2014.

C. On December 3, 2015, the Defendant drafted a written statement to the Plaintiff stating that “The Defendant shall pay the outstanding amounts, such as insurance premiums and penalty surcharges, (as of December 25, 2015, KRW 4,157,810 as of December 25, 2015)” to the Plaintiff.

However, on May 9, 2016, the Defendant continuously failed to pay insurance premiums and management expenses, and the Plaintiff notified the Defendant of the termination of the entrustment contract and the transfer of ownership of the motor vehicle because the insurance premiums and penalty surcharges of KRW 2,361,670 are unpaid as of May 9, 2016, and the Defendant received it on May 11, 2016.

E. On May 17, 2016, the Defendant prepared a letter “I will, as of May 31, 2016, terminate the consignment management contract as of May 31, 2016, and convert for personal use. In addition, I will pay the outstanding amounts, such as the smuggling’s insurance premium and penalty surcharge (2,361,670 won as of May 31, 2016) and will return the front and back number plates of the vehicle. If I will fail to implement the above matters even if by May 31, 2016, I will pay 35 million won to the Plaintiff who is the consignee (hereinafter “each of the instant notes”).

F. However, the Defendant appears to have paid KRW 1,300,000 on May 20, 2016 (the amount withdrawn from the Defendant’s account at KRW 1,301,000 or KRW 10 million among them).