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1. The judgment of the court of first instance is modified as follows.
The defendant shall receive KRW 5,846,850 from the plaintiff at the same time.
Reasons
1. The Plaintiff’s judgment on the cause of claim reverts to the Defendant, who is the freight trucking service operator, the title of ownership on the motor vehicle indicated in the separate sheet between the Defendant and the Defendant, but actually operates the motor vehicle upon entrustment of the management right of the said motor vehicle, and entered into an entrustment management contract with the Defendant to pay management expenses of KRW 220,000 per month in return for the entrustment of management right of the said motor vehicle (hereinafter “instant contract”). On March 8, 206, the Plaintiff registered the transfer of ownership on the said motor vehicle under the name of the Defendant. The fact that the Plaintiff operated the freight trucking business using the said motor vehicle without dispute between the parties since that time, while keeping the ownership of the motor vehicle listed in the separate sheet in the name of the Defendant, is clear that the copy of the complaint of this case, which contained the Plaintiff’s intent to terminate the instant contract,
According to the above facts, the entrustment management contract of this case is in the form of a mixed contract between title trust and the delegation factor that the plaintiff entrusts the ownership of the above vehicle to the defendant in the name of the defendant and vests in the defendant's ownership and operation management right. In the inside, the plaintiff, who is the actual borrower of the above vehicle, entrusted the defendant with its own operation management right under his own independent account and managed the above vehicle under his own independent account, and the fees for using the defendant's registered name of freight trucking services, and the defendant paid insurance premiums, taxes, public charges, etc. for the above vehicle, and the management fee every month is paid every month in the form of a mixed contract between the truster and the truster. Thus, the plaintiff in the position of the truster can terminate it at any time
Therefore, the instant contract was terminated on January 29, 2015.
As such, it can be seen.