1. The defendant terminated the entrustment management contract on May 2, 2020 with respect to the motor vehicles listed in the separate sheet from the plaintiff.

1. Facts of recognition;

A. On June 26, 2004, the Defendant entrusted the registered name to the Plaintiff, who is a trucking business operator, and autonomously operated the instant vehicle by being entrusted with the right to operate and manage the instant vehicle from the Plaintiff. However, the Defendant bears all expenses incurred in the management and operation of the instant vehicle, including the management and operation expenses, taxes and public charges, and automobile insurance premium (hereinafter “management and operation expenses”), and if the Defendant delays the performance of the obligation to pay the said management and operation expenses for three months or longer, the Defendant entered into the entrustment management contract on the vehicle (hereinafter “instant contract”).

B. Since then, the Plaintiff completed the transfer of ownership on the instant vehicle in the name of the Plaintiff pursuant to the instant contract, but the Defendant did not pay part of the management and operation expenses of the instant vehicle for not less than three months. Accordingly, the Plaintiff notified the Defendant to perform the above obligation to pay, and notified the Defendant on May 2, 2020, declared on May 2, 2020 that the instant contract will be terminated by serving

C. As of April 9, 2020, the management and operation cost of the instant vehicle, which the Defendant is unpaid as of April 9, 2020, is KRW 4,487,345.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. Determination

A. As to the cause of the claim, the owner of the vehicle and the trucking business operator externally entrusted the name of the vehicle in their possession to the automobile trucking business operator (hereinafter “branch owner”), and the ownership and the right to manage the operation of the vehicle in their possession belongs to the company in which the ownership and the right to manage the operation of the vehicle are assigned to him/her. On the contrary, the vehicle owner and the trucking business operator are entrusted with the right to manage the operation of the vehicle in their own account to pay a certain amount of management fee to the company