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1. The Defendants jointly and severally liable to the Plaintiff KRW 9,309,010 and Defendant B with respect thereto from April 3, 2019, and Defendant C with respect to the said amount.
Reasons
1. Facts of recognition;
A. On March 23, 2014, the Plaintiff entered into an entrustment management agreement with Defendant B, with the content that the Plaintiff acquires the ownership of the said vehicle and manages the said vehicle in its possession for a fixed period of KRW 180,000 per month (excluding value-added tax) and two years (in the absence of special circumstances, one month before the expiration of the contract), and the Defendant B, while conducting an independent business comprehensively entrusted with the operating right, provided that the Plaintiff would pay the management fees to the Plaintiff and bear the burden of insurance premiums, taxes and public charges, etc.
Defendant C jointly and severally guaranteed all obligations that Defendant C owes to the Plaintiff according to the above contract.
B. At the time of the above contract, when Defendant B failed to pay management expenses for at least three months, the contract was unilaterally terminated by the Plaintiff. Defendant B reached KRW 9,309,010 (the management expenses to be paid to the Plaintiff and the amount paid by the Plaintiff on behalf of the Plaintiff are KRW 45,261,30,000, and the total amount of KRW 56,531,30,000, and KRW 380,000,000, including insurance premiums, automobile taxes, and value added taxes, and KRW 47,222,32,320, and the amount paid by Defendant B, from April to October 2014, constitute KRW 10,890,000 (the management expenses to be paid to the Plaintiff and the amount paid by the Plaintiff on behalf of the Plaintiff).
C. On June 29, 2018, the Plaintiff urged Defendant B to pay management expenses several times, but failed to pay management expenses, etc., and the copy of the complaint of this case stating the termination of the contract on the grounds of the unpaid management expenses, etc. was served on Defendant B.
[Reasons for Recognition] Facts without dispute, Gap 1 through 5 evidence, Gap 7 and 10 evidence, the purport of the whole pleadings (in the case of defendant C, deemed confessions)
2. According to the above facts of recognition as to the cause of the claim, the consignment management contract between the plaintiff and the defendant B was lawfully terminated upon delivery to the defendant B of a copy of the complaint containing the contents that the above contract is terminated on the grounds of the unpaid management expenses, etc.
The plaintiff demanded management expenses.