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1. The defendant,
A. On June 27, 2018, an entrustment agreement is made with respect to the motor vehicles listed in the separate sheet from the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that runs a trucking transport business.
On February 4, 2015, the Plaintiff reverted the owner’s registration title to the Plaintiff with respect to the instant motor vehicle indicated in the attached list (hereinafter “instant motor vehicle”). The Defendant entrusted the Plaintiff with the right to manage and operate the transportation business of the instant motor vehicle, and, in return, entered into an entrustment agreement with the Plaintiff (hereinafter “instant consignment agreement”) with respect to the payment of the Plaintiff of the monthly management expenses (use fee for permission, management fee, etc.) (hereinafter “management fee”) (hereinafter “instant consignment agreement”), and the said consignment agreement stating the following:
Article 6 (Fee for Permission) “B” (hereinafter referred to as “Defendant”) shall pay 220,000 won (including value-added tax) of the user fee for permission each month to “A” (hereinafter referred to as “Plaintiff”) by the end of each month.
(hereinafter referred to as “A” may be collected when the service provider provides other usage fees or specific service not included in the usage fees of the license, and the “B” shall bear all taxes and public charges imposed due to the management and operation of the vehicle.
Article 17 (Collection of Default) “B” shall pay 25% (25% of the annual damages for delay) to “A” when the management expenses are in arrears for at least one month, and when “A” has not paid taxes, public charges, insurance premiums, additional deductible charges, penalty charges, installment, etc. within the due date, it shall be paid to “A” at the rate of 25% per annum from the date of payment to the date of full payment (hereinafter omitted). (3) In any of the following cases, A may unilaterally cancel the payment without the peremptory notice of the performance:
1. Where the management expenses are unpaid at least twice;
2. Article 32 (Deposit B) when the burden of “B”, such as taxes, public charges, and insurance premiums, is unpaid at least once, is cancelled.