1. The Defendant terminates an entrustment contract from the Plaintiff on June 17, 2019 for the motor vehicles indicated in the separate sheet.

1. Basic facts

A. On February 3, 2016, the Plaintiff entered into an entrustment contract for trucking transport business (hereinafter “instant entrustment contract”) with the Defendant on the following terms: (a) selling the instant truck owned by the Plaintiff at KRW 79 million to the Defendant; and (b) selling the instant truck to receive payment by means of installment financing (hereinafter “instant transfer contract”); (c) entrusting the Defendant with the operation and management of the instant truck after re-investment in kind; (d) allowing the Defendant to operate and manage the instant truck; and (e) paying taxes, public charges, taxes, insurance premiums, etc.; and (e) concluding an entrustment contract for trucking transport business with the Defendant to receive management expenses (excluding value-added tax) at KRW 200,000 per month in return for vicarious performance of the transportation business (hereinafter “instant entrustment contract”); and (e) concluding an additional agreement with the following terms.

B. Around the time when the instant transfer contract and the instant entrustment contract were concluded, the Defendant provided the instant truck with the delivery of cargo, and delayed payment of the management expenses under the instant entrustment contract and did not pay the Plaintiff the management expenses and insurance premium of KRW 7,613,120 as of May 1, 2019.

【Fact-finding without dispute over the basis of recognition, Gap 1 through 8, Eul 1, 2 and 6, and the purport of the whole pleadings.

2. Determination

A. According to the above facts as to the cause of the claim, the Defendant’s unpaid management fees and insurance premiums were delinquent for not less than three months pursuant to the instant consignment contract agreement pursuant to Article 6 of the instant consignment contract agreement, and the fact that the copy of the instant complaint stating the Plaintiff’s declaration of intent to terminate the instant consignment contract was served on the Defendant on June 7, 2019 is apparent in the record, barring any special circumstance, the instant consignment contract was lawfully terminated on June 7, 2019.

Therefore, the defendant is obligated to take over the transfer registration procedure of the truck of this case from the plaintiff to its original state, and the sum of the management expenses and insurance premiums unpaid to the plaintiff 7,613.