1. The defendant,

A. The Plaintiff’s KRW 4,843,750 and the interest rate of KRW 12% per annum from August 28, 2019 to the date of complete payment.

1. Basic facts

A. On June 15, 2015, the Plaintiff, a corporation engaged in trucking transport business, etc., entered into an entrustment management contract with the Defendant on the following terms: (a) the Defendant entrusted the Plaintiff with the right to manage and operate the instant vehicle and pay the Plaintiff the management fees of KRW 198,00 per month, taxes, public charges, and insurance premiums, etc. (hereinafter “instant entrustment contract”).

B. Under the instant consignment contract, the Plaintiff can unilaterally cancel the instant consignment contract without a peremptory notice for performance (Article 14(1)1). If the Defendant fails to pay taxes, public charges, insurance premiums, administrative fines, etc. imposed on the Plaintiff each month by the Plaintiff, the Plaintiff agreed to recover the instant vehicle and settle the total amount of the delinquent charges (Article 13). The Defendant’s failure to pay the entrusted management fees, etc. under the instant consignment contract and the total amount unpaid as of October 31, 2018 due to the nonperformance of the entrusted management fees, etc. as of October 31, 2018, the Plaintiff terminated the instant consignment contract on the ground that the Defendant’s payment, such as the Defendant’s entrusted management fees, etc. was made by the delivery of the duplicate of the instant complaint.

[Grounds for recognition] The entry of Gap evidence Nos. 1 through 10 and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition of the claim for the acquisition of the transfer of ownership registration procedure, the above entrustment contract of this case was terminated by the Plaintiff’s notification of the cancellation of the entrustment contract of this case by serving the copy of the complaint of this case on the grounds of the Defendant’s entrusted management fees, taxes and public charges. Therefore, the Defendant is obligated to accept from the Plaintiff the transfer of ownership registration procedure on January 23, 2019, which is obviously the delivery date of the copy of the complaint of this case as to the vehicle of this case.

B. On the other hand, claims such as entrusted management fees, and between the original and the Defendant.