1. On June 15, 2017, the Defendant has caused the termination of the entrustment contract with respect to the motor vehicles listed in the attached list to the Plaintiff.

Basic Facts

On April 3, 2013, the Plaintiff, a trucking business operator, and the Defendant indicated in the separate sheet (hereinafter “instant vehicle”), shall vest in the name of the registration. However, while the Plaintiff entrusted the management right of the instant vehicle from the Defendant, he/she paid KRW 253,00 per month to the Defendant for management entrustment fees, and entered into an entrustment contract for the instant vehicle business with the Plaintiff to assume the obligation of the Plaintiff, such as the operation and management of the instant vehicle, repair of the breakdown, taxes and public charges, and the payment of penalty, etc.

The Plaintiff expressed his/her intent to terminate an entrustment contract concerning the instant vehicle upon the service of the duplicate of the instant complaint, and the duplicate of the instant complaint was served on the Defendant on June 15, 2017.

[Ground] A. In a case where: (a) the owner of a vehicle and the owner of a motor vehicle externally trust the name of the motor vehicle in his/her possession to a motor vehicle transport business entity (in a case where the owner of a motor vehicle) and the motor vehicle transport business entity externally vests in the name of the motor vehicle in his/her possession to the motor vehicle transport business entity; (b) the ownership and the right to manage the motor vehicle; and (c) in a case where the owner of a motor vehicle and the owner of a motor vehicle enter into an entrustment contract with a motor vehicle with the intent to pay a certain amount of management expenses to the designated company while operating the motor vehicle under his/her own account upon entrustment of the right to manage the motor vehicle in his/her own account, this is a form of contract in which title trust and the delegation are combined (see, e.g., Supreme Court Decision 2010Da85324, Jan. 27, 2011).

According to the above facts of recognition, the Plaintiff’s declaration of intent to terminate an entrustment contract for the instant vehicle reaches the Defendant on June 15, 2017, and the said contract is on the same day.