1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On July 28, 2006, the Plaintiff (formerly: Daewoo Capital Co., Ltd.) concluded a management lease agreement with the Defendant on the automobiles listed in the separate sheet with the purpose of conducting installment financing business, facility leasing business, etc.

Lease Articles: Lease fees of KRW 107,561,00/19,960,00/29,940/29,940,000 for the lease period: 42 months: One time for 2,426,900 won, 2,361,400 won per annum: 24% per annum;

B. After entering into the above lease contract, the Defendant occupied and used the said vehicle by being handed over from the Plaintiff, and on December 20, 2016, the Plaintiff filed an application with the Defendant for a provisional injunction against the possession and transfer of the said vehicle with the District Court Decision 2016Kadan4370, and completed its execution on December 29, 2016.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 3, 5, 6, the purport of the whole pleading

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was overdue, and the Plaintiff terminated the lease agreement on December 5, 201. The Defendant did not have a legitimate title to possess and use the said motor vehicle, and the said motor vehicle must be handed over to the Plaintiff, the owner of the said motor vehicle.

B. According to the evidence No. 2 and evidence No. 1 of the above lease agreement, ① Article 17(1)9 of the terms and conditions of the above lease agreement provides, “If Article 17(1)9 of the above lease agreement violates the obligation to pay rent, etc. for at least 60 days, the Plaintiff may terminate the contract and claim for the return of the vehicle and the amount of compensation for the delay within the given period after demanding performance or correction of the violation.” ② On December 14, 2011, the Plaintiff notified the Defendant of the content-certified mail that “if the Plaintiff fails to pay the delayed rent of KRW 9,980,000 and the late payment charge of KRW 45,939,00 in total, 10,025,939,000 by December 20, 2011, the above lease agreement shall be terminated.”