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1. The Defendant terminated the consignment management contract as of August 10, 2018 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.
Reasons
1. On December 29, 2014, the Plaintiff and the Defendant: (a) entrusted the Plaintiff with the ownership registration title as to the instant vehicle listed in the separate sheet (hereinafter “instant vehicle”); and (b) the Plaintiff entered into an entrustment management contract with the terms that the Defendant entrusts the Defendant with the right to manage the relevant transport business (hereinafter “instant contract”).
In the instant contract, the monthly management fees of KRW 210,00 (excluding KRW 220,00,000 from February 2, 2016, and value-added tax) shall be determined, and when the management fees are in arrears for at least three months, the grounds for cancellation of the instant contract shall be prescribed as grounds for cancellation.
The Defendant did not pay the management fees, etc. for the instant vehicle, and the total amount of the base arrears on July 25, 2018 is KRW 2,691,110.
On July 27, 2018, the Plaintiff notified the Defendant of the termination of the instant contract in the event that the Plaintiff did not pay arrears, such as payment by content-certified mail, management fees, etc. by August 10, 2018.
The Defendant did not pay the management fees, etc. by August 10, 2018. The amount of the management fees, etc. based on the base arrears on October 23, 2019 is KRW 12,306,920, and the management fees, insurance premiums, etc. at the time of the closing of the instant argument is KRW 803,470 per month.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 4, 6, 8, the purport of the whole pleadings
2. According to the above facts of recognition, the instant contract was lawfully rescinded by the Plaintiff’s declaration of intent to cancel the contract on the grounds of default, such as the Defendant’s management fees.
Therefore, the Defendant is obligated to take over the transfer registration procedure for the instant vehicle from the Plaintiff on August 10, 2018 on the ground of the termination of the entrusted management contract, and to pay the Plaintiff the amount calculated by applying the rate of KRW 12,306,920 in total, including the overdue charge, and KRW 12,306,920 in total, and KRW 803,470 in total, from October 23, 2019 to the date the transfer registration procedure for the instant vehicle is completed.
3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.