1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, shall be modified as follows:

(e).

1. As to the legitimacy of the part of the lawsuit in this case, the Plaintiff sought payment of KRW 291,100 in total of the costs of the lawsuit in this case and the costs of the seizure of claims (=146,600 in total of KRW 50,500 in total of KRW 94,50 in total). As to the legitimacy of the above part of the lawsuit, the Plaintiff ex officio examined.

This constitutes litigation costs, and there is no benefit to recover the amount of litigation costs after the final judgment became final and conclusive (see, e.g., Supreme Court Decisions 2004Da818, Oct. 12, 2006; 99Da68577, May 12, 2000). Of the instant lawsuit, the part claiming litigation costs is unlawful.

2. Facts of recognition;

A. On March 9, 2017, the Plaintiff entered into a consignment management contract (hereinafter “instant contract”) with the Defendant regarding the instant motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”).

B. According to the instant contract, the Defendant shall pay to the Plaintiff a sum of KRW 245,300,00, including admission fees and association fees, every month. The Defendant delayed this three times, and the Plaintiff expressed his/her intent to terminate the instant contract by content-certified mail on July 21, 2017, October 30, and November 7, 2017. The instant mail certified as of November 7, 2017, was served to the Defendant at the latest around November 16, 2017.

C. The amount that the Defendant is obligated to pay to the Plaintiff under the instant contract is the total amount of KRW 14,493,970,000, such as unpaid payment charges, additional charges, insurance premiums, administrative fines, deposits, and premium rates, etc. as of January 18, 2019.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 through 12 (including branch numbers in case of additional number), the purport of whole pleadings

3. Determination

A. According to the above facts, the instant contract was lawfully terminated around November 16, 2017, when the content-certified mail containing the Plaintiff’s declaration of termination on the ground of three-time arrears, such as the Defendant’s admission fees, reaches the Defendant.

As seen earlier, the Plaintiff (hereinafter “Plaintiff”) on July 21, 2017, and on July 2017.