1. The defendant shall be the plaintiff.

(a) deliver a motor vehicle listed in the annex;

(b)81,411,182 Won and its 15,611,182 Won;

1. Facts of recognition;

A. On November 201, the Plaintiff entered into an automobile lease agreement with the Defendant on the condition that the Defendant lent the Plaintiff’s name to Hyundai Capital Co., Ltd. (hereinafter “Moman Capital”), but the Defendant would use the vehicle on the condition that the monthly rent is borne by the Defendant (hereinafter “instant contract”).

B. According to the instant contract, the Plaintiff entered into an operating lease agreement (hereinafter “instant lease agreement”) with Hyundai Capital Co., Ltd. with respect to the instant motor vehicle (hereinafter “instant motor vehicle”), and the Defendant is occupying the instant motor vehicle until now upon delivery.

C. From January 5, 2012 to June 18, 2013 under the instant contract, the Defendant paid monthly rent for the instant automobile. Since the Defendant did not pay monthly rent, the Plaintiff paid the rent, the sum of KRW 2,239,118 on July 25, 2013, KRW 223,223,128 on August 14, 2013, KRW 2220,974 on September 13, 2013, KRW 212,252, KRW 288 on August 2, 2013, KRW 212,28, KRW 288, KRW 298 on November 2, 2013, KRW 200 on November 2, 2013, KRW 28, KRW 298, KRW 298 on November 29, 2013, KRW 16,215,217,215.

The Plaintiff loaned KRW 65,800,000,000 to the Defendant on October 5, 201, and KRW 20,000 on October 19, 201, and KRW 4,800,000 on February 10, 2012, KRW 5,000 on September 25, 2012, and KRW 65,800,000 on September 30, 201.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5, and 7 (including virtual number), the purport of the whole pleadings

2. Determination

A. As seen earlier, the fact that the Defendant did not pay the monthly rent for the instant automobile after June 2013 regarding the claim for the delivery of a motor vehicle, and the Defendant’s unpaid rent constitutes the terms and conditions of rescission of the instant contract. Accordingly, the contract between the Plaintiff and the Defendant, which the Defendant had to use, lost its effect upon fulfillment of the terms and conditions of rescission.

Therefore, the Defendant transferred the instant automobile.