1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On December 16, 2010, the Plaintiff, a lessee, entered into a lease agreement with the Defendant, setting the lease term of KRW 42 months (it up to June 15, 2014), monthly lease fee of KRW 1,614,83 as indicated in the separate sheet (hereinafter “instant lease agreement”), and around that time, delivered the instant automobile to the Defendant.

B. According to the terms and conditions applicable to the instant lease agreement, where the lease contract is terminated due to the expiration of the lease term and the cancellation or termination of the lease contract, the Defendant shall return the vehicle to the Plaintiff at the expiration date of the lease term or the termination date of the contract.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 6 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease agreement was terminated on June 15, 2014 at the expiration of the lease term.

Therefore, the defendant is obligated to deliver the automobile of this case to the plaintiff.

B. As the Defendant had already delivered the instant vehicle to the Plaintiff, the Defendant asserted that it cannot respond to the Plaintiff’s claim, but there is no evidence to acknowledge the above assertion.

Rather, according to the whole documents and arguments submitted to the court and the purport of the whole pleadings, the defendant did not return the instant automobiles and keys despite the termination of the instant lease contract, and the plaintiff filed a provisional injunction against the defendant on November 13, 2015 against the defendant as Seoul Central District Court 2015Kadan812032 against the defendant on November 13, 2015. The debtor (the defendant) was decided by the above court on the 17th day of the same month that "the debtor shall remove possession of the instant automobiles and deliver them to the execution officer entrusted by the creditor (the plaintiff)", and according to the above decision, the Seoul Central District Court enforcement officer shall deliver the instant automobiles to the freight parking lot located in the Seoul Metropolitan City.