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1. The plaintiff's claim that is changed in exchange in the trial is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 27, 2009, the Plaintiff entered into an entrustment contract for the management of the general trucking transport business (hereinafter “instant contract”) with the purport that C truck (hereinafter “instant truck”) received the instant truck from B as an investment in kind, and entrusted B with the right to operate and manage the instant truck’s cargo transport business, and is to receive the fare from B.
On the same day, the defendant jointly and severally guaranteed all debts owed to the plaintiff B under the contract of this case.
B. On September 17, 2013, the Plaintiff and the Defendant decided to terminate the instant contract, and the Defendant remitted management expenses unpaid to the Plaintiff KRW 3,248,549 to the Plaintiff on September 17, 2013, and received the documents from the Plaintiff on September 24, 2013.
C. The Defendant caused a traffic accident while driving the instant cargo vehicle on October 2, 2013.
On October 8, 2013, the Defendant registered the instant cargo vehicle’s name from the Plaintiff to a third party.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings
2. The plaintiff's assertion
A. The Defendant is obligated to pay the Plaintiff the late payment charge of KRW 1,461,702, as it did not pay the late payment charge under the instant contract.
B. In the event of a trucking vehicle's traffic accident, the trucking business operator's mutual aid association cannot register the trucking and borrowing vehicle until the accident processing is completed because the deduction rate has not been determined. The Plaintiff suffered losses due to the failure to collect the land owner's fees during the course of dealing with the accident, and thus, the Defendant is liable to compensate the Plaintiff for KRW 880,000 equivalent to the land management fees for five months.
C. Therefore, the defendant shall pay to the plaintiff 2,341,702 won (1,461,702 won) and damages for delay.
3. Determination
(a)the arrears;