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1. The defendant shall be the plaintiff.
(a) deliver a motor vehicle listed in the separate sheet;
(b)payment of 2,689,500 won;
C. On January 1, 2019
Reasons
1. Basic facts
A. On January 17, 2017, the Plaintiff entered into a motor vehicle lease agreement (hereinafter “instant contract”) with C Co., Ltd. (hereinafter “C”) on the motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”). The Plaintiff received delivery of the instant motor vehicle from C around that time.
B. However, from January 20, 2019, the Defendant occupied the instant automobile from around January 20, and refused the Plaintiff’s request for return.
C. Meanwhile, from May 22, 2019 to October 21, 2019, the Plaintiff deposited KRW 2,689,680 in total to C, and for six months, the rental fee is KRW 2,689,500 in total (448,250 x 6 months).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. On the basis of the above facts finding as to the cause of the claim, the Plaintiff is entitled to lawfully occupy and use the instant motor vehicle delivered by C according to the instant contract, and in return, the Plaintiff is liable to pay the rental fee of KRW 448,250 per month to C.
Therefore, as long as there is no proof of the title to possess the instant vehicle, the Defendant, which currently occupies the instant vehicle, is obligated to deliver the instant vehicle to the Plaintiff, and to pay the amount calculated at the rate of KRW 448,250,00, which is the sum of the rental fees for six months from May 22, 2019 to October 21, 2019, as sought by the Plaintiff, from May 22, 2019 to October 21, 2019, as the result of the Defendant’s occupancy commencement date, and the amount equivalent to the rental fees for six months from November 21, 2019 to October 21, 2019.
The Plaintiff asserts that, from May 22, 2019 to October 21, 2019, the amount of damages equivalent to the six-month sirens is KRW 2,689,680. However, as seen earlier, the sum of the six-month sirens is KRW 2,689,50, and the exceeding portion solely exceeding the description of the evidence No. 4 (180 won) is also based on the Defendant’s unlawful possession.