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1.(a)
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) on March 5, 2019 with respect to the motor vehicles listed in the separate sheet No. 1 from the Plaintiff (Counterclaim Defendant).
Reasons
1. Basic facts
A. On July 2016, the Plaintiff and the Defendant entered into an entrustment contract (hereinafter “instant contract”) with respect to a motor vehicle listed in the separate sheet No. 1 (hereinafter “instant motor vehicle”) with the management fee of KRW 100,000 per month, and the parts related to the instant contract are as follows.
Pursuant to Article 40 of the Trucking Transport Business Act (hereinafter referred to as the " Trucking Transport Business Act") and related provisions, the Plaintiff (hereinafter referred to as the "A") and the Defendant (hereinafter referred to as the "B") who is an investor in kind of trucking transport business shall enter into an entrustment contract as follows in entrusting part of the management of trucking transport business:
Article 3 (Period of Contract and Renewal) (1) The term of validity of this contract shall be as of the date of conclusion (at least two years), and the same content shall be automatically extended unless A or B expresses his/her intention to terminate the contract at the expiration of the term.
(2) Other matters concerning the renewal of a contract shall be governed by the provisions of Article 40-2 of the Trucks Act.
Article 11 (Grounds for Termination of Contract) (1) A and B may terminate this contract even during the term of the contract, by mutual agreement.
(3) Where Party A intends to terminate a contract, he/she shall specify the violation of the contract with a grace period of not less than two months and notify Party B of the fact that the contract is terminated without correction at least twice in writing.
Provided, That this shall not apply where it is impracticable to continue an entrustment contract as prescribed by the Enforcement Decree of the Trucking Transport Act.
B. On June 18, 2018, the Plaintiff sent to the Defendant a certificate of content that “the owner of a vehicle following the termination of the instant contract shall be changed, and the unpaid management expenses, etc. that have not been paid for at least two years shall be paid in full.” At that time, the said certificate of content shall be proved.