1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) on September 18, 2017 with respect to a motor vehicle indicated in the separate sheet to the Plaintiff (Counterclaim Defendant).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Plaintiff is a person engaged in cargo transportation business under the trade name “B”, and the Defendant is a company established for the purpose of trucking transportation business, etc. (2) Around June 26, 2009, the Plaintiff entered into an entrustment management contract with the Defendant, under which the Plaintiff and the Defendant own the motor vehicle indicated in the separate sheet (hereinafter “instant motor vehicle”). However, upon being entrusted with the right of operation and management of the instant motor vehicle by the Defendant, the Plaintiff entered into an entrustment management contract under which the Plaintiff would pay management expenses, etc. to the Defendant while operating and managing the instant motor vehicle on its own account (hereinafter “instant contract”).

The period of entrusted management stipulated in the contract of this case shall be five years from the date of conclusion of the contract (in the absence of special circumstances, the period shall be automatically extended every three years, except in the case of the expiration of the period), and management expenses shall be 250,000 won

B. On September 18, 2017, the Plaintiff, while running a business using the instant motor vehicle, filed the instant principal suit in order to operate the trucking transport business with a license for an individual trucking transport business. (ii) The duplicate of the instant principal complaint stating the Plaintiff’s declaration of intent to terminate the instant contract was served on the Defendant on September 18, 2017.

[Reasons for Recognition: Facts without dispute, Gap 1, 3, 4, Eul evidence 1 (including branch numbers, and the purport of the whole pleadings)

2. Determination as to the claim on the principal lawsuit

A. The relevant legal principles and the entrustment management contract of a motor vehicle is a car registered in the name of the company to which the land owner owns the motor vehicle externally and vests in the ownership, operation and management right of the land owner company. In the inside of the country, the land owner is entrusted with the independent operation and management right of the land owner company and used the registered name of the freight trucking services of the land owner company in his/her own account while operating and managing the motor vehicle in his/her own account.