1. The Defendant (Counterclaim Plaintiff) paid KRW 5,534,66 to the Plaintiff (Counterclaim Defendant) and its related amount from July 16, 2015 to May 11, 2017.

1. Basic facts

A. On April 24, 2014, the Plaintiff, a company running a motor vehicle rental business, leased CM5 motor vehicles (hereinafter “instant motor vehicles”) to the Defendant by setting the deposit amount of KRW 2,760,000, monthly rent of KRW 500,000 (in advance payment on April 25, 2014) and the contract term from April 24, 2014 to April 24, 2018, and received KRW 2,760,000 from the Defendant on the same day.

B. According to the instant lease agreement, where the monthly rent deposit date of a leased vehicle is overdue at least twice, or where the cumulative number of days in arrears exceeds the deposit date of a monthly rent exceeds 60 days, the lessor may terminate the contract where a corrective measure is not taken within 60 days after notifying the lessee thereof (Articles 12(1) and 8(1) of the lease agreement), and where the contract is terminated due to the Defendant’s fault, the penalty for breach of contract shall be “ deposit (the number of remaining months during the contract period x monthly rent) x 30%,” and the base date for calculating penalty shall be added to the monthly rent receipt date of the leased vehicle.

(Article 8(2) and (3) of the Lease Contract.

The Defendant paid each of the monthly rent of KRW 500,00 on April 24, 2014 under the instant lease agreement (from April 24, 2014 to May 24, 2014), KRW 500,000 on June 25, 2014 (from May 25, 2014 to June 24, 2014), and KRW 28.50,000 on July 28, 2014 (from June 25, 2014 to June 24, 2014) to the Plaintiff.

On September 4, 2014 and September 26, 2014, the Plaintiff urged the Defendant to pay the rents in arrears, and the Defendant, on October 1, 2014, paid 500,000 won to the Plaintiff (from July 25, 2014 to August 24, 2014) and paid the rents in arrears until October 15, 2014, but failed to pay the rents.

E. On October 15, 2014, the Plaintiff notified the Defendant to recover the instant vehicle, and D, the representative director of the Plaintiff, notified the Defendant of the termination of the instant lease agreement on October 16, 2014, and without the Defendant’s consent, the instant vehicle in possession of the Defendant in front of the FF driving range located in Chuncheon-si E.