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1. The Defendant terminated the consignment management contract as of September 24, 2017 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.
Reasons
1. Basic facts
A. On October 25, 2013, the Plaintiff (former: Co., Ltd.) entered into an entrustment management contract with the Defendant on an automobile indicated in the separate sheet (hereinafter “instant automobile”) and completed the transfer of ownership registration under the Plaintiff’s name around that time.
B. On January 1, 2015, upon renewal of the above consignment management contract (hereinafter “instant consignment management contract”), the Defendant agreed to pay KRW 250,000 to the Plaintiff on the 10th day of each month, and the Plaintiff agreed to terminate the instant consignment management contract if the monthly payment is delayed for at least three months.
C. On August 22, 2017, the date of filing the instant lawsuit, the Defendant did not pay KRW 2,475,000 for the entrusted management expenses as of August 22, 2017, and the Plaintiff filed the instant lawsuit to the effect that “the instant entrusted management contract is terminated on the grounds of the Defendant’s nonperformance of obligation to pay the entrusted management expenses.” The duplicate of the instant complaint reached the Defendant on September 24, 2017.
[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-4, Eul evidence No. 1, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, the Defendant is obligated to pay 2,475,000 won to the Plaintiff according to the above consignment management contract of this case and delay damages determined at the rate of 15% per annum from September 25, 2017 to the date of full payment following the delivery of the complaint of this case. In addition, since the above consignment contract of this case was terminated on the ground of the Defendant’s non-performance of the obligation to pay the above consignment management expenses in excess of the above three months, the Defendant was liable from the Plaintiff for the termination of the above consignment management contract of this case on September 24, 2017.