1. The Defendant terminated the consignment management contract on July 28, 2020 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Basic Facts

A. On March 8, 2019, the Defendant entrusted a registered name to the Plaintiff, who is a trucking business operator, and autonomously operated the instant vehicle upon being entrusted with the instant vehicle operation management right by the Plaintiff. However, the Defendant bears all expenses incurred in the management and operation of the instant vehicle (hereinafter “management and operation expenses”), such as the entrusted management expenses, taxes and public charges, and vehicle insurance premium, etc. (hereinafter “management and operation expenses”), and if the Defendant delays the performance of the obligation to pay the said management and operation expenses for at least three months, the Defendant entered into the said entrustment management contract (hereinafter “instant contract”).

B. On April 29, 2019, the Plaintiff completed the transfer of ownership on the instant vehicle under the Plaintiff’s name pursuant to the instant contract. However, the Defendant did not pay part of the management and operation expenses of the instant vehicle for at least three months. The Plaintiff declared that the instant contract is terminated by the delivery of the instant complaint to the Defendant. The duplicate of the instant complaint was served on the Defendant on July 28, 2020.

C. Around July 1, 2020, the Plaintiff filed the instant lawsuit, and around July 1, 2020, the Defendant paid KRW 5,000,000, including the said money, to the Plaintiff. Around November 1, 2020, the Defendant paid KRW 4,354,490 to the Plaintiff.

[Reasons for Recognition] Each entry in Gap's evidence Nos. 1 and 11, and judgment as to the ground for claim as a whole

A. The owner of a vehicle and a trucking business operator externally entrusted the name of his/her vehicle to a trucking business operator (hereinafter referred to as a “roading company”) and vests his/her ownership and the right to manage the vehicle in the company where the ownership and the right to manage the vehicle are assigned to him/her, but the vehicle owner is operating his/her own account on his/her own by being entrusted with the right to manage the vehicle in question.