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1. Defendant A Co., Ltd shall deliver the vehicle listed in the attached Table to the Plaintiff.
2. The plaintiff against the defendant B.
Reasons
Basic Facts
On September 22, 2015, the Plaintiff: (a) leased an automobile listed in the separate sheet (hereinafter “instant automobile”) to Defendant A Co., Ltd. (hereinafter “Defendant A”); (b) leased an automobile amounting to KRW 60,796,300 per month to KRW 1,796,300 per month; and (c) 60 times to KRW 2,098,388; and (d) Defendant B jointly and severally guaranteed the instant lease agreement (hereinafter “instant lease agreement”).
Defendant B served as the representative director of Defendant A at the time of the conclusion of the instant lease agreement, and resigned on January 25, 2016.
The Defendants did not pay rental fees from March 5, 2016, and the instant lease contract was terminated at that time.
[Reasons for Recognition] In the absence of dispute, Gap evidence Nos. 1 through 12, Eul evidence No. 1, and the purport of the entire pleading as to the claim against defendant A, Article 208(3)2 and Article 150(3) (i.e., the judgment of the court below) of the Civil Procedure Act as to the claim against the defendant Eul, the lease contract of this case asserted by the plaintiff as to the claim against the defendant Eul was terminated due to delayed payment of rent. The defendant Eul has a duty to deliver the automobile of this case to the plaintiff
Judgment
Possessory right is extinguished by loss of factual control over the object in possession, and according to the fact that there is no dispute and the purport of the whole pleading, Defendant B does not directly possess the automobile in this case.
In addition, there is no relation of occupation that Defendant B is an indirect possession of the above vehicle in any other form.
Therefore, Defendant B cannot be deemed to bear the duty of delivery of the said vehicle against the Plaintiff.
Thus, the plaintiff's claim against the defendant A corporation is justified, and the claim against the defendant B is dismissed as it is without merit.