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1. The defendant shall be the plaintiff.
(a) deliver each vehicle listed in the Schedule 1 and 2;
B. From January 6, 2017, the above-mentioned A
(b).
Reasons
1. Facts of recognition;
A. The Plaintiff Company is a corporation with the purpose of automobile rental business, etc.
B. B, from February 2013 to July 2016, the Plaintiff Company, a transport business entity holding a license for passenger transport business, entered into an entrustment management agreement with the borrower who actually owns a motor vehicle, while carrying on the business for independent management and account, and operated the Plaintiff Company’s C business office from February 2013 to July 2016.
C. B purchased each of the instant vehicles, and registered the Plaintiff Company as the owner of each of the instant vehicles in accordance with the above vehicle management contract.
The Defendant entered into a vehicle lease contract with the Plaintiff Company B on September 25, 2015 and the first vehicle of this case as the lease period from September 25, 2015 to September 25, 2018, the deposit amount of KRW 10 million, and the lease fee of KRW 2.7 million per month (including value-added tax) and received KRW 10 million from the Plaintiff Company.
E. On June 24, 2016, the Defendant entered into a vehicle lease agreement with the Plaintiff Company as to B and the vehicles listed in the separate sheet No. 2 (hereinafter “instant 2”) from June 24, 2016 to June 23, 2020, setting the lease period of KRW 13.5 million, and received the instant 2 vehicles by paying KRW 13.5 million to B.
F. By May 25, 2016, the Defendant paid the instant rent for the first vehicle to B.
G. On January 4, 2017, the Plaintiff Company expressed to the Defendant that the lease contract for each of the instant vehicles is terminated on the grounds that the Defendant’s payment of rent was due to the delivery of the preparatory document as of January 4, 2017, and the said preparatory document reached the Defendant on January 6, 2017.
H. The Defendant occupies each of the instant vehicles as of the date of closing argument of the instant case.
(i) The same vehicle as the instant vehicle.