1. The Defendant terminated the entrustment management contract on September 18, 2015 with respect to the motor vehicles listed in the attached list to the Plaintiff.

1. Basic facts

A. The Plaintiff is a local passenger who runs the freight trucking services with the trade name called “B” from October 1, 2003.

B. Around October 1, 2003, the Plaintiff entered into an entrustment management agreement with the Defendant on the following terms: (a) the ownership of an automobile listed in the separate sheet (hereinafter “instant vehicle”) shall vest in the Defendant; (b) the Plaintiff, upon being entrusted with an operation and management right of an automobile by the Defendant, entered into an entrustment management agreement with the Defendant to pay monthly management expenses, taxes and public charges, deductible charges, etc. (hereinafter “management expenses, etc.”) to the Defendant (hereinafter “instant management agreement”).

C. Since then, a duplicate of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant management contract was served on the Defendant on March 13, 2015.

Under the instant management contract, KRW 1,243,032, including management expenses, was incurred until October 2015, and the Plaintiff paid KRW 1,243,040 to the Defendant on October 26, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts as to the cause of the claim, the management contract of this case is in the form of a combination of the elements of title trust and delegation, and therefore, it is reasonable to view that the plaintiff, the owner of the vehicle, was registered in the name of the defendant, who is the owner of the vehicle, in the name of the defendant, who is the owner of the vehicle, and vests in the ownership and the right to manage the vehicle. In the inside, the plaintiff is entrusted with the independent right to manage the vehicle of this case by the defendant, and operates and manages the vehicle of this case under his own independent account, and the plaintiff, who is in the position of the truster

I would like to say.

(see, e.g., Supreme Court Decision 97Da29479, Nov. 11, 1997). Accordingly, the instant management contract is terminated.