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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1.Article 7 (Management Expenses for Trust and Trust) (1) B (the name of the defendant; hereinafter the same shall apply) of the facts of the basis shall be paid to the Party A (the name of the plaintiff; hereinafter the same shall apply) who has entrusted the operating authority of the motor vehicle in return for the entrustment:
(2) Eul shall pay the entrusted management expenses to Gap by the end of each month.
Article 9 (Management of Vehicles) (1) A shall bear all the expenses incurred in the management of vehicles, such as taxes and public charges, deductible contributions (the amount prescribed by the mutual aid regulations and terms and conditions), insurance premiums (general liability, loaded goods, water tanks, etc.), parts and repair expenses, oil terminals and passenger-care terminals, substitute payments, and other expenses for the entrusted vehicles, and shall not trade them in his/her name and use the name of A.
Article 19 (Amendment and Cancellation of Contracts) (2) In any of the following cases, A may unilaterally cancel the vehicle license plate without a peremptory notice of performance and recover the vehicle license plate:
1. When he/she fails to pay all expenses, such as management expenses, for at least three months;
A. On November 9, 2016, the Plaintiff, a company operating freight trucking services, concluded an entrustment management contract with the Defendant, stating that the Defendant transferred the name of the automobile indicated in the separate sheet (hereinafter “instant automobile”) to the Plaintiff, and that the Plaintiff would entrust the Defendant with the operation and management rights of the instant automobile (hereinafter “instant contract”).
The details of the instant contract are as follows.
B. On November 10, 2016, the Defendant transferred the instant automobile name to the Plaintiff according to the instant contract.
C. The Defendant was obligated to pay the Plaintiff the management expenses and other vehicle management expenses (hereinafter “instant management expenses”) under the instant contract, but did not pay the instant management expenses for July 7, 2018.
① On October 2, 2018, the Plaintiff paid KRW 1,185,700 to the Defendant for the instant management costs in arrears as of September 30, 2018.