1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. On October 4, 2013, the Plaintiff borrowed a passenger car (registration number D, BMW 520d, hereinafter “instant vehicle”) owned by C Co., Ltd. (hereinafter “C”) from the Defendant engaging in credit business, and paid KRW 25 million to the Defendant (hereinafter “instant money”).

(hereinafter “instant contract”). (b)

The instant vehicle is a vehicle that E used by entering into a lease agreement with C, the owner of the vehicle, and E borrowed KRW 25 million from the Defendant on May 21, 2013, and without the consent of C, the owner of the instant vehicle, as a security for it, arbitrarily delivered the instant vehicle to the Defendant.

C. On July 2, 2014, while the Plaintiff was using the instant vehicle, the Plaintiff was stolen from the vehicle at its apartment parking lot, and the present vehicle currently has C as its original owner.

[Ground of recognition] The descriptions of Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2 (including paper numbers), and the purport of the whole pleadings

2. The plaintiff alleged that the defendant lent the instant vehicle to the defendant as security and sought reimbursement of the said money. The plaintiff alleged that the Defendant paid the instant money to the defendant as security for preliminary use of the instant vehicle, and sought the return of the said money by unjust enrichment.

In regard to this, the Defendant leased the instant vehicle with the instant money as the leased deposit, and thus, the Plaintiff’s obligation to return the instant vehicle and the Defendant’s obligation to return the instant money are concurrently performed. Since the Plaintiff’s obligation to return the instant vehicle is unable to perform due to theft, the Plaintiff, a lessee, shall compensate the Defendant for damages arising from nonperformance, and the scope of the damages is KRW 25 million, which is the market value of the instant vehicle. Therefore, the Defendant’s damage claim is offset against the Plaintiff’s obligation to return the instant money.