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1. The Defendant shall pay to the Plaintiff KRW 1,955,370 and interest rate of KRW 15% per annum from February 5, 2018 to the date of complete payment.
Reasons
Facts of recognition
The following facts may be acknowledged either in dispute between the parties or in full view of the descriptions of Gap evidence Nos. 1, 2, 3, 4, and Eul evidence Nos. 1, 2, and 3 and the whole purport of pleadings:
On November 30, 2011, the Plaintiff entered into an entrustment management agreement with the Defendant on the instant motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) and transferred the name of the instant motor vehicle owned by the Defendant to the Plaintiff. The Plaintiff entrusted the Defendant with the right to operate and manage the instant motor vehicle, and paid KRW 275,00 per month to the Plaintiff as management expenses (including value-added tax) while operating the instant motor vehicle as an independent business operator, while operating the instant motor vehicle. The Plaintiff agreed to bear the Defendant’s expenses, such as
(hereinafter “instant consignment management contract.” The Plaintiff and the Defendant agreed to terminate the instant consignment management contract without any separate peremptory notice when the Plaintiff and the Defendant have delayed payment of management expenses, public charges, etc. for not less than three months. Meanwhile, the term of the contract is one year, but if both parties raise an objection within 14 days after the expiration of the contract, they shall be deemed to have renewed the contract under the same conditions as the previous contract.
B. In accordance with the instant consignment management contract, the Plaintiff completed the ownership transfer registration from the Defendant on December 1, 201 with respect to the instant automobile.
C. After that, the Defendant did not pay the management expenses, and the management expenses, public charges, and insurance premiums in arrears up to September 2017 reached KRW 1,515,370.
On September 12, 2017, the Plaintiff sent to the Defendant a certificate of content indicating the intent to terminate the entrusted management contract of this case on the grounds that the management fee was overdue and the termination period expires.
However, the above content certification was returned without arrival to the defendant.
E. The Defendant’s overdue management fee by November 30, 2017 is KRW 1,955,370.
2. Summary of the parties' arguments
A. The Defendant’s management expenses are not less than three months.