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1. The defendant shall deliver the vehicle listed in the attached list to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 9:
On April 23, 2019, the Plaintiff entered into a vehicle lease agreement (hereinafter referred to as “instant contract”) with the Defendant, which provides for a long-term lease of KRW 3,170,00, monthly rent of KRW 759,80, monthly rent, KRW 60 months from the delivery date of the vehicle during the lease period, the estimated residual value of KRW 10,283,00 (no guarantee amount) and KRW 24% per annum of overdue interest rate, and delivered the instant vehicle to the Defendant on April 25, 2019.
B. According to Article 17(2)1 of the Terms and Conditions attached to the instant contract, when the Defendant violated the obligation to pay monthly rental fees at least once, the Plaintiff may terminate the instant contract where the Defendant did not perform his obligation within the given period after notifying the Defendant of the performance of the obligation within the given period, and recover the instant vehicle.
C. From November 2019, the Defendant began to delay the payment of monthly rent, and the Plaintiff urged the Defendant to continuously pay monthly rent from that time. Nevertheless, the Defendant failed to pay monthly rent to the Defendant until December 4, 2019, and the Plaintiff expressed its intent to terminate the instant contract to the Defendant around that time.
4) The Plaintiff received a provisional injunction against the transfer of the instant vehicle from the Defendant on March 10, 2020 with respect to the instant vehicle (Seoul District Court Decision 2020Kadan3114, Daegu District Court Decision 2020Kadan3114), and completed its execution on March 10, 2020 (In light of the above facts found as to the cause of the claim C. 2, the instant contract was duly terminated by the Plaintiff’s declaration of termination on the ground of the Defendant’s delinquency in payment of monthly rent, and thus, the Defendant transferred the instant vehicle to the Plaintiff.