1. The Defendant (Counterclaim Plaintiff) is the register of automobiles with respect to the vehicles listed in the separate sheet from the Plaintiff (Counterclaim Defendant).

1. Basic facts

A. On December 18, 2013, the Plaintiff and the Defendant registered the instant vehicle in the name of the Plaintiff, and the Plaintiff entered into an entrustment management contract with the Defendant under which the Plaintiff entrusted the Defendant with the right to manage the cargo transportation services for the instant vehicle (hereinafter “instant entrustment contract”). The main contents are as follows.

Article 5 (Relationship of Money, Claims and Obligations) (1) The defendant shall deposit management expenses of KRW 198,00 (Additional Tax) every month for the management of transportation business by proxy, such as the plaintiff's overall administration, on the fixed date.

(6) In the event of default on management expenses and public charges re-tax, delayed compensation for 3% aggravated monthly shall be repaid to the company.

Article 11 (Termination of Contracts) (2) Public charges (management expenses, national taxes, local taxes, insurance premiums and various administrative fines) imposed every month shall be terminated automatically at the time of arrears for at least two months in arrears.

B. From January 1, 2015, the Defendant did not pay management expenses, etc. to be paid to the Plaintiff under the instant consignment contract, and the Plaintiff sent to the Defendant a certificate of demand on February 26, 2016 and April 6, 2016, but the Defendant did not comply therewith.

C. Accordingly, the Plaintiff submitted to this court the instant complaint containing the Defendant’s expression of intent to terminate the instant consignment contract on the grounds of the Defendant’s breach of contract, and served the Defendant with a duplicate of the said complaint on December 22, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 6, purport of whole pleadings

2. Determination as to the principal lawsuit

A. According to the facts of recognition as to the execution of the automobile registration procedure, it is reasonable to deem that the instant entrustment contract was terminated on December 22, 2016, when the copy of the complaint of this case containing the Defendant’s expression of intent of termination on the grounds of the failure to pay the Defendant’s management fees, etc. Thus, the Defendant is obliged to take over the transfer of ownership registration procedure for the instant vehicle from the Plaintiff on December 22, 2016.