2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. On July 10, 2012, the Plaintiff and the Defendant entered into a lease agreement with the Defendant to lease a motor vehicle listed in the separate sheet owned by the Plaintiff (hereinafter “instant motor vehicle”) (hereinafter “instant lease agreement”), setting a lease term of 36 months and monthly lease fee of 167,293 (hereinafter “instant motor vehicle”), and around that time, delivered the instant motor vehicle to the Defendant.

B. According to Article 20 of the terms and conditions applicable to the instant lease agreement, if the Defendant delays the monthly rent not less than twice, the Plaintiff may terminate the contract after notifying the Defendant not later than two business days prior to the date of termination of the contract and claim the return of the instant automobile.

C. On January 29, 2014, the Defendant did not pay the monthly rent two or more times, and the Plaintiff sent to the Defendant a certificate of the content that the instant lease contract may be terminated without any separate notice if the Plaintiff did not pay the rent by February 5, 2014, and reached the Defendant around that time. However, the Defendant did not pay the rent, and the Plaintiff terminated the instant lease contract on June 27, 2014.

On August 2, 2016, the Defendant filed an application for commencing individual rehabilitation procedures with the Seoul Rehabilitation Court 2016da86087, and on October 18, 2016, the individual rehabilitation procedure is in progress.

【Fact-finding without dispute over the ground for recognition, entry of Gap 1 through 5 evidence (including branch numbers in case of additional number) and the purport of the whole pleadings

2. According to the above facts, the lease contract of this case was lawfully terminated due to the defendant's delinquency in rent, barring any special circumstance, and thus, the defendant is obligated to deliver the automobile of this case owned by the plaintiff to the plaintiff, and the commencement of rehabilitation procedures for the defendant does not affect the right to divert any property that does not belong to the debtor from the debtor.

The Debtor Rehabilitation and Bankruptcy Act.