1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On July 20, 2010, the Plaintiff and the Defendant entrusted the title of registration of ownership to the Plaintiff on the truck listed in the separate sheet (hereinafter “instant vehicle”). On July 20, 2010, the Plaintiff entered into an entrustment management contract with the content that the Plaintiff entrusts the transport business to the Defendant (hereinafter “instant contract”). A’s certificate No. 2, which is the contract entered into at the time of the said contract, was the Defendant’s husband, and C, the Defendant’s husband, guaranteed the Defendant’s contractual obligation.

B. On September 2014, at the Defendant’s request, the Plaintiff reported the suspension of the instant vehicle to the Daegu-gu Office, the competent authority, and since then, the instant vehicle was not used for business.

C. As the Defendant did not pay management expenses under the instant contract to the Plaintiff on the ground that the instant vehicle was in suspension of business, the Plaintiff filed a lawsuit against the Defendant and C seeking the payment of management expenses, and the said judgment became final and conclusive upon receiving a favorable judgment (Seoul District Court Decision 2015No303254, Sept. 18, 2015; hereinafter “related lawsuit”), and accordingly, the Defendant paid KRW 7,671,627, including delinquent management expenses, late November 3, 2015 to the Plaintiff.

The plaintiff terminated the contract of this case by serving the complaint of this case on the grounds of delinquency in payment, such as management expenses, etc. of the defendant, and the warden reached the defendant on April 20, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. Determination

A. In determining the cause of the claim, the Defendant paid management expenses up to November 3, 2015, as it did not pay management expenses, etc. from September 2014 when the Defendant reported the suspension of the instant vehicle from around September 2014, and the Plaintiff expressed his/her intent to terminate the instant contract on the grounds of the Defendant’s delinquency in payment of management expenses.