1.The judgment of the first instance shall be modified as follows:

The defendant shall set forth in the attached list from the plaintiff.

1. Facts of recognition;

A. On June 22, 2007, the Plaintiff and the Defendant entered into a consignment management contract (hereinafter “instant contract”) with respect to the motor vehicles listed in the attached list (hereinafter “instant motor vehicles”) and agreed to pay KRW 150,000 (excluding value-added tax) as the monthly consignment cost. The main contents of the contract are as follows.

Article 5 (Entrustment Management Fees) (1) The defendant shall pay 150,000 won (excluding value-added tax) as management expenses each month to the plaintiff who entrusted the operation and management right in return for entrustment.

Article 6 (Tax and Public Charges) (1) After acquiring a vehicle, the defendant shall bear all the expenses incurred in the management and operation of the vehicle, such as breakdowns, repair and oil, taxes and public charges, amount to be deducted, and premiums.

Article 11 (Imposition of Penalty) The defendant shall bear the penalty for violation of the provisions of law and administrative measures following the operation of a vehicle and the amount of penalty resulting therefrom, which shall cause damage to the plaintiff.

Article 17 (Cancellation of Contract) (2) In any of the following cases, the plaintiff may unilaterally cancel the contract without a peremptory notice of performance:

1. When he/she fails to pay the burden under Article 5 and all the defendants for at least three months;

B. From May 29, 2017, the Defendant, which filed the instant lawsuit by the Plaintiff, failed to pay management expenses, etc. in excess of the amount corresponding to the entrusted management expenses for more than three months until around May 29, 2017. As of January 2, 2018, the Defendant paid 900,900 won for the unpaid entrusted management expenses, insurance premiums, etc., and the unpaid sample parking penalty surcharge amounting to 800,000 won.

C. A duplicate of the complaint of this case where the Plaintiff expressed his/her intent to terminate the contract of this case to the Defendant was served on or around June 7, 2017, and on January 4, 2018, the duplicate of the complaint of this case was served on or around January 10, 2018, respectively, to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 4, evidence 21, 23, and evidence 32 to 37, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is entrusted management expenses as stipulated in the contract of this case.