1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The parties' assertion

A. The Plaintiff entered into a lease agreement with the Defendant, who was the mother of the Plaintiff, on the instant vehicle under the name of the Defendant (hereinafter “instant vehicle”), and paid a deposit of KRW 20 million and monthly rent.

However, the Defendant forced the Defendant to deliver the instant vehicle to the Defendant (hereinafter “instant letter”) and delivered the instant vehicle to the Defendant on June 24, 2017.

Since the defendant uses the vehicle of this case to gain profits equivalent to KRW 20 million without any legal cause, he is obligated to return it as unjust enrichment and pay damages for delay.

B. The Defendant demanded the Plaintiff to transfer the name of the lease agreement on the instant vehicle.

The Plaintiff, upon requesting the Defendant to actually take over the instant vehicle, prepared the instant letter under the condition that the Defendant bears the lease fee for the remainder of the lease period or penalty for breach of contract, etc., instead of waiver of the lease deposit amount to KRW 20 million, and accordingly, delivered the instant vehicle to the Defendant.

2. Determination

A. There is no evidence to prove that the Plaintiff drafted the instant letter as forced by the Defendant.

B. In addition, according to the overall purport of evidence evidence Nos. 3 and 2 as well, the Plaintiff entered into an operating lease agreement with the Defendant on January 16, 2017, under which the term of 60 months of lease, lease deposit amounting to KRW 20 million, lease deposit amounting to KRW 1,870,400, and the registered name of the instant vehicle as D, and the Defendant paid the lease fee for the instant vehicle after receiving delivery of the instant vehicle from the Plaintiff on June 24, 2017. In light of these facts, the evidence submitted by the Plaintiff alone is that the Defendant gains unjust enrichment equivalent to KRW 20 million.