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1. The defendant shall deliver the vehicle listed in the attached Form to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
Reasons
1. Facts recognized;
A. On May 29, 2008, Aju Capital Co., Ltd. (hereinafter “Aju Capital Co., Ltd.”) entered into a lease agreement (hereinafter “the instant lease agreement”) with a Co., Ltd. under which the vehicle price of KRW 459,314,740, and the lease fee of KRW 13,247,500 per month (payment for 42 months) as indicated in the attached Table (hereinafter “instant automobile”). The instant lease agreement includes the following:
When a lessee (hereinafter referred to as "A") and his/her joint and several sureties file an application for facility leasing to A Capital (hereinafter referred to as "B"), they shall consent to the following provisions:
Article 9 (Inspection of Vehicles) A or his agent may visit the location of a vehicle at any time to check the present state of the vehicle and may request A to take appropriate measures as may be necessary.
Article 16 (Delegation of Insurance Management) (3) During the lease period, A shall subscribe to the comprehensive motor vehicle insurance, and submit the receipts or securities verifying the subscription to B at the time of purchase or renewal of the insurance.
Article 17 (Cancellation of Contract through B) (1) When any ground falling under any of the following subparagraphs occurs to a Gap or a joint guarantor, Eul may terminate this contract and claim for return of the vehicle, compulsory recovery and damages, if he/she fails to recover or correct the violation within a reasonable fixed period after demanding the correction of defects or the correction of violations to be performed:
Provided, That where it is impossible to correct the relevant matter in light of the nature of the matter, the contract may be terminated without peremptory notice.
9. If the contractual obligation to pay the deposit is not fulfilled or the obligation to pay the lease fee, insurance premium, etc. is violated for not less than 60 days, 10. The delegation of all matters concerning the insurance management to A pursuant to Article 16 was made but due to failure to subscribe to the insurance and neglect of management.