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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 30,377,820 as well as the full payment from May 22, 2013.
Reasons
1. Basic facts
A. On July 19, 2010, the Plaintiff and the Defendant concluded a lease agreement with the period of 36 months agreed, monthly rent of 1,732,10 won, delay damages rate of 24%, model name 30C 3.5, vehicle number B (hereinafter “instant lease”).
B. A criminal judgment related to the embezzlement of the instant leased vehicle related to the instant leased vehicle: (a) around July 20, 2010, C took over the instant leased vehicle on behalf of the Defendant and gave D instructions to loan the said vehicle as security at the 23rd building in Songpa-gu Seoul Songpa-gu, Seoul, to take over the said vehicle on behalf of the contractor and take over the said vehicle as security, and then, (b) the said vehicle was embezzled to the Seoul Central District Court on 201.31, 201, which became final and conclusive by taking over the said vehicle as security by taking over the said vehicle from the Plaintiff Hyundai Capital Co., Ltd., Ltd. and entering into a lease contract with the Plaintiff Hyundai Capital Co., Ltd., Ltd., the victim’s market value of KRW 59.8 million at the time of taking out the vehicle from the Plaintiff Hyundai Capital Co., Ltd., Ltd. (hereinafter referred to as the “victim”).
(Supreme Court Decision 2013Do10042). C.
The Plaintiff discovered the instant leased vehicle and claimed transfer of the instant leased vehicle to the Defendant by this Court Decision 2014Da217959, which was sentenced to the judgment in favor of the Plaintiff on October 16, 2014. Accordingly, the Defendant appealed and is currently pending in the appellate court as the court of this case 2014Na106265. As of the date of closing argument, the instant leased vehicle was not delivered to the Plaintiff as of the date of closing argument.
Article 14 (Delivery of Vehicle and Delivery of Vehicle Receipt) (1) of the terms and conditions of the related lease.