1. The Daegu District Court 2018Kadan2899 against the Defendant C rendered a provisional attachment with executory power over the provisional attachment of automobiles.

1. Facts of recognition;

A. On November 23, 2016, the Plaintiff, which was established pursuant to the Specialized Credit Financial Business Act, engaged in installment financing business, and facility leasing business, concluded a car operating lease agreement with the acquisition cost of KRW 55,687,980, and the lease term of KRW 48 months, monthly lease fee of KRW 1,219,50 (hereinafter “instant lease agreement”).

B. At the time of the instant lease agreement, the Plaintiff and C reserved the ownership of the instant vehicle to the Plaintiff, and agreed to have only the registered name C in the register of automobile.

C. On August 2, 2018, the Daegu District Court rendered a monetary claim against C as the right to preserve, and received a provisional attachment order for the instant vehicle by 2018Kadan2899 (hereinafter “instant provisional attachment order”), and on the following day, the Defendant registered the entry of the said provisional attachment in the register of vehicles with respect to the instant vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the Specialized Credit Financial Business Act, a facility leasing company is a financing method whereby a facility leasing company newly acquires or borrows specific goods and allows the lessee to use them for a certain period of time, on a regular basis, and the disposal of goods after the use is determined by an agreement between the parties concerned.

(Article 2 subparag. 10 of the Specialized Credit Financial Business Act. In cases where a lessor leases a vehicle, he/she may register the vehicle in the name of the lessee notwithstanding the Motor Vehicle Management Act (Article 33(1) of the Specialized Credit Financial Business Act), and the lessee bears all the obligations concerning the maintenance and management of the vehicle, such as an inspection order under Article 43 of the Motor Vehicle Management Act (Article 34(1) of the Specialized Credit Financial Business Act), and where the lessee causes any damage to another person while operating