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1. The Defendant terminated the consignment management contract on February 3, 2015 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.
Reasons
1. Indication of claim;
A. On March 19, 2013, the Defendant entered into an entrustment management agreement with the Plaintiff to pay KRW 150,000 per month management fees to the Plaintiff while operating the instant vehicle after the Defendant reverted to the Plaintiff the ownership of the vehicle listed in the separate sheet (hereinafter “instant vehicle”).
B. At the time of the above contract, when the Defendant was delinquent in paying the management fees for not less than three months, the Plaintiff agreed to cancel the contract without the notice of performance (Article 16(2)1 of the contract). In addition, the Defendant agreed to bear all the expenses necessary for the management and operation of vehicles, such as breakdown, repair and oil supply, taxes, public charges and charges, insurance premiums, etc. after taking over the vehicle (Article 6(1) of the contract), and to bear the penalty for violation of the laws and regulations and administrative measures arising from the vehicle operation and to bear the loss to the Plaintiff (Article 11
C. The Defendant failed to pay the management fees under the above contract for at least three months, and the Plaintiff notified the Defendant of the termination of the above contract on October 8, 2014.
Therefore, the Defendant takes over the procedure for the registration of transfer of ownership of the instant vehicle from the Plaintiff, and is obligated to pay the Plaintiff the management fees of KRW 2,007,00,00 not paid from March 19, 2013 to October 1, 2014, and the insurance premium of KRW 168,920 paid by the Plaintiff on September 20, 2014 (see, e.g., attached management expenses/insurance premium specifications) by the Plaintiff on behalf of the Defendant, and KRW 289,850, totaling KRW 2,465,770, and delay damages from the day following the delivery of the written complaint.
2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).