1. The defendant shall deliver the machines listed in the attached list to the plaintiff.

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

3...

Basic Facts

On May 1, 2016, the Plaintiff: (a) leased the machinery listed in the attached list (hereinafter “instant machinery”) owned by the Plaintiff to a limited liability company C by setting the rent of KRW 20 million per month; (b) the lease term from May 1, 2016 to June 30, 2017 (hereinafter “instant lease contract”); (c) the limited liability company is not able to sublet the instant machinery to any other person (Article 7(1) of the instant lease contract); and (d) the limited liability company C may terminate the said contract without a peremptory notice if the limited liability company fails to perform its contractual obligations.

(1) Article 9(1) of the instant Lease Agreement provides that a limited liability company C shall delay the payment of rent from May 2016, and the Plaintiff filed a lawsuit against the relevant limited liability company seeking the delivery of the instant machinery and the payment of unpaid rent, which was caused by the termination of the instant lease agreement, with the Gwangju District Court 2017Gadan334, and the said lawsuit withdrawn on September 12, 2017, who received the rent for the portion of May 2017 during the said lawsuit.

Since June 2017, the Plaintiff filed a lawsuit against the relevant limited company C seeking delivery of the instant machinery and the payment of unpaid rent or return of unjust enrichment equivalent to the rent, which was caused by the termination of the instant lease agreement, with the Gwangju District Court 2017Da23450, and the Plaintiff filed a lawsuit against the relevant limited company C. In the said lawsuit, the duplicate of the application for change of the cause of claim on March 20, 2018, stating the Plaintiff’s declaration of intent to terminate the instant lease agreement, was served to the limited company C on the same day.

At present, the instant machinery is possessed by the Defendant.

[Ground of recognition] The facts without dispute, Gap 1 through 5 (including branch numbers if there are serial numbers) and the facts of the above recognition as to the cause of claim as a whole of the pleadings. According to the above recognition, the defendant who possesses the instant machinery has a duty to deliver the instant machinery to the plaintiff who is the owner of the instant machinery, as the owner of the instant machinery.

The defendant's assertion is subject to the plaintiff's implied consent.