1. The Defendant terminated the consignment management contract on April 20, 2016 with respect to the motor vehicles listed in the attached list to the Plaintiff.

1. Basic facts

A. On July 20, 2010, the Plaintiff and the Defendant: (a) entrusted the title of the registration of ownership to the Plaintiff; (b) entered into an entrustment management contract with the Plaintiff to which the Plaintiff entrusted the transportation business to the Defendant (hereinafter “instant contract”); and (c) C, the Defendant’s spouse, jointly and severally guaranteed the Defendant’s obligation under the instant contract.

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 on the ground that the instant vehicle was in the suspension of business, the Plaintiff filed a lawsuit against the Defendant and C seeking the payment of management expenses (hereinafter “related lawsuit”) under the 2015Gau303254, which was rendered a favorable judgment on September 18, 2015. Accordingly, the Defendant paid the Plaintiff totaling KRW 7,671,627, including the management expenses and late fees in arrears up to November 3, 2015.

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.

【In the absence of a dispute over the grounds for recognition, the entry of Gap evidence 1 through 4, Eul evidence 1 through 3, and the purport of whole pleadings

2. Determination

A. As the Defendant’s judgment on the cause of the instant claim lost in the relevant lawsuit from September 2014 when the payment of management expenses, etc. was not made from around September 3, 2014, the Defendant paid management expenses up to November 3, 2015, and the instant complaint, which included the Plaintiff’s declaration of intent to cancel the instant contract on the ground of the Defendant’s default of management expenses, reached the Defendant on April 20, 2016, based on the evidence No. 2, as seen earlier.