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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. Determination on the cause of the claim
A. Basic facts 1) On December 16, 2013, the Plaintiff is a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”).
) The term “lease Agreement” is determined with respect to the instant motor vehicle between the owner and the Social Services Korea Co., Ltd., Ltd., which is the owner of the instant motor vehicle, as “The lease term of December 16, 2013 to December 20, 2018; the remaining value of KRW 15,575,000; deposit amount of KRW 6,230,000; monthly payment of KRW 1,143,720; and the operating lease agreement (hereinafter “instant lease agreement”).
(2) After concluding the lease contract of this case, the Plaintiff, at the time of entering into the lease contract of this case, allowed the use of the instant automobile on the condition that D, a director of the Plaintiff at the time, would be used for the Plaintiff’s business.
3) D around March 2014, 2014, borrowing KRW 28.5 million from the Defendant (hereinafter “instant borrowing”).
A) At the same time, the instant automobile was offered as security to the Defendant, and the Defendant thereafter possessed the instant automobile. [The fact that there is no dispute over the grounds for recognition, the entry of evidence Nos. 1 and 2, and the purport of the whole
B. According to the above facts of determination, since the Defendant appears to have occupied and used the instant motor vehicle from March 2014, the Defendant is obligated to deliver the instant motor vehicle to the Plaintiff, who had a legitimate right to use the instant motor vehicle by December 20, 2018 through the instant lease agreement.
2. Judgment on the defendant's assertion
A. First, the defendant's assertion that the plaintiff offered the automobile of this case as a security for the loan of this case, and delivered the plaintiff's certificate of personal seal impression, the representative director C's certificate of personal seal impression, the certificate of automobile abandonment, the certificate of automobile transfer, the power of attorney, and the application for acceptance of the transfer of claims through D, and the plaintiff is well aware that if the loan of this case is overdue, the defendant will dispose of the