1. The Defendant terminated the consignment management contract on April 8, 2019 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

1. Basic facts

A. On April 11, 2016, the Plaintiff operating freight trucking services entered into an entrustment management agreement with the Defendant (hereinafter “instant agreement”) with the content that, by registering an automobile entered in the separate sheet (hereinafter “instant automobile”) under the name of the Plaintiff, the Defendant would be able to run the freight trucking services using the Plaintiff’s registered name of freight trucking services and that the Defendant would pay a certain amount of management expenses, etc. to the Plaintiff (hereinafter “instant agreement”).

B. According to the instant contract, the Defendant paid monthly management expenses to the Plaintiff in return for the entrustment of management rights, and the Defendant agreed to bear the equipment, oil, repair expenses, etc. arising from the operation and management of the vehicle. In the event that the Defendant fails to pay the management expenses, etc. for at least two months, the Plaintiff may unilaterally terminate the instant contract without the notice of performance.

C. The Defendant failed to pay management expenses from November 2018 while operating the instant vehicle.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 7 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination

A. According to the facts of recognition on the termination of the instant contract, the Defendant failed to pay management expenses as stipulated in the instant contract for more than two months, and on this ground, the Plaintiff’s application for modification of the purport of the instant claim and the cause of the instant claim, which included a declaration of intent to terminate the instant contract on April 8, 2019, reaches the Defendant on the record clearly. Therefore, the instant contract was effectively terminated.

B. As long as the instant contract has been effectively terminated as seen above, the Defendant is obligated to take over the transfer registration procedure for the instant automobile from the Plaintiff on April 8, 2019, which was served on the date of service of the written application for modification of the purport of the instant claim and the cause of the claim regarding the instant automobile.

(c) Management expenses, etc.;