2. The costs of the lawsuit are assessed against the defendant.

On July 11, 2012, the Plaintiff entered into an operating lease agreement (hereinafter referred to as the “instant lease agreement”) with Hyundai Capital Co., Ltd., the owner of the instant automobile listed in the separate sheet (hereinafter referred to as “instant automobile”) with regard to the instant automobile as “the lease term of KRW 6,450,00, and monthly payment of KRW 905,60,00” as to the instant automobile from July 19, 2012 to July 18, 2015, and paid the deposit money on July 17, 2012.

On September 9, 2012, the Plaintiff borrowed KRW 10,000,000 as collateral for the instant vehicle from C, a credit service provider, and around that time, delivered the instant vehicle to C.

On the other hand, D borrowed KRW 11,50,000 from the Defendant around July 2014 and delivered the instant motor vehicle to the Defendant for the purpose of collateral, among the vehicle traveling the instant motor vehicle by leasing KRW 11,50,000 from C around July 2013.

Around July 14, 2014, the Defendant entered into an automobile insurance contract with the Defendant and the insured as the Plaintiff with respect to the instant automobile, and possessed the instant automobile until now.

[Ground of recognition] In light of the fact that there is no dispute, Gap 3, 6, 7 evidence, and Eul's evidence Nos. 1, the defendant occupied and used the automobile of this case from July 14, 2014, and thus, the defendant has a duty to deliver the automobile of this case to the plaintiff who has a legitimate right to use the automobile of this case through the lease contract of this case.

In light of the fact that the Plaintiff offered the instant automobile as collateral and delivered the Plaintiff’s representative director’s certificate of personal seal impression, business registration certificate, certificate of renunciation of vehicle, etc., and the Defendant also occupied the instant automobile as collateral against D, etc., the intent of the Defendant’s assertion as to the Defendant’s assertion is as follows.