1. The defendant,

A. February 9, 2017 with respect to automobiles listed in the separate sheet from the Plaintiff.

1. Basic facts

A. The plaintiff is a trucking transport business operator, and the defendant is a land owner operator.

B. Around November 2007, the Plaintiff entered into an entrustment management contract with the Defendant that the Plaintiff provided the Defendant with the right to permit trucking business, but the Defendant would pay KRW 165,000 per month entrusted management fees to the Plaintiff while managing and operating the vehicles registered in the name of the Plaintiff (hereinafter “instant contract”). Around November 2007, the Plaintiff entered into an entrustment management contract with the Defendant to pay KRW 165,00 per month entrusted management fees (hereinafter “instant contract”).

C. According to Article 6 of the instant contract, following the Defendant’s vehicle acquisition, the Defendant determined that all expenses incurred in the management and operation of the instant vehicle, such as taxes and public charges on the instant vehicle, the amount deducted, and the insurance premium, etc., should be borne by the Defendant. Article 17(2) of the instant contract provides that the Plaintiff may rescind the payment of all expenses, such as the entrusted management fees to be borne by the Defendant,

[Ground for recognition] Each entry of Gap evidence Nos. 1 through 8 (including those with a serial number; hereinafter the same shall apply) and the purport of the whole pleading

2. Determination

A. Part 1) Article 40-3 (Cancellation, etc. of Entrustment Contracts)(1) of the Trucking Transport Business Act provides that “Where a trucking business operator intends to terminate an entrustment contract, he/she shall specify the fact that the entrusted owner operator has violated the contract with a grace period of at least two months and notify the entrusted owner operator of the fact that the contract is terminated without correction thereof.” Article 4 (2) of the Addenda provides that “When he/she intends to terminate the entrustment contract, he/she shall not terminate the entrustment contract without going through the procedures under paragraph (1) on at least two occasions.”