1. Defendant A’s consignment management contract with the Plaintiff on June 11, 2015 for the motor vehicles indicated in the separate sheet from the Plaintiff.

1. Basic facts

A. On May 27, 2010, the Plaintiff entered into an entrustment management agreement with Defendant A to entrust the Defendant with the management right of the instant vehicle (hereinafter “instant contract”) with the fact that the Plaintiff received management expenses of KRW 220,000 each month from Defendant A, and if Defendant A fails to pay all the expenses, such as management expenses, for more than three months, the Plaintiff may terminate the contract. Defendant B jointly and severally guaranteed all the duties of Defendant A under the instant contract.

B. The management expenses, automobile tax, administrative fine, etc. that Defendant A did not pay up to October 2015 reaches KRW 9,109,860 in total.

C. The Plaintiff, upon the delivery of the instant complaint, expressed his/her intent to terminate the instant contract on the grounds of delinquency in the management expenses, etc., and the instant complaint was sent to Defendant A around June 11, 2015, and around June 15, 2015 to Defendant B, respectively.

[Judgment of the court below] The ground for recognition is without merit, entry of Gap evidence 1 through 12, and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, since the contract of this case was lawfully terminated in accordance with the plaintiff's declaration of termination on the ground of unpaid management expenses, etc. of the defendant A, the defendant A is obligated to take over the transfer registration procedure for the automobile of this case from the plaintiff as the restoration following the termination

In addition, the Defendants are jointly and severally obligated to pay 8,641,760 won and damages for delay calculated at the rate of 15% per annum under the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings until September 30, 2015, and from October 1, 2015 to the date of full payment, as requested by the Plaintiff among all the Defendants’ charges, such as management fees payable to the Plaintiff.

(b).