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1. The Defendant terminated the consignment management contract on January 11, 2018 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into an entrustment management contract with the Defendant on the vehicles listed in the separate sheet (hereinafter “instant vehicle”).
According to the above contract, the defendant shall pay 150,000 won (excluding value-added tax) to the plaintiff monthly management fees.
B. The Defendant’s failure to pay management fees is KRW 1,865,900, the unpaid management fees based on January 5, 2018.
C. On the ground of the Defendant’s breach of contract due to the nonperformance of management fees, the Plaintiff expressed his/her intent to terminate the instant contract by serving a duplicate of the complaint of this case.
The Defendant paid in full the unpaid management fees until April 19, 2018 during the instant lawsuit.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 4-1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the facts of the Plaintiff’s cause of claim, the instant contract was lawfully terminated by the Plaintiff’s declaration of intent to terminate the contract on the ground of the Defendant’s nonperformance, and thus, the Defendant is obligated to restore the original state to its original state, the delivery date of the copy of the instant complaint concerning the instant vehicle, which was January 11, 2018.
In addition, if a local government-invested company continues to operate the freight truck by continuously operating the local government-invested vehicle using the registered name of the freight truck of the local government-invested company, barring any special circumstance, the local government-invested company had gained profits equivalent to the rent agreed upon in the local government-invested company by providing the cargo trucking services using the registered name of the local government-invested company without any legal cause, and such profits earned by the local government-invested company shall be returned to the local government-invested company as unjust enrichment.