A. D, around 17:55 on July 10, 2013, when driving a road in the vicinity of the Health and Environment Research Institute located in the Daejeon PSM Gadong-dong, the head of the Sinsung-gu Office concealed the X-ray vehicle that was parked while driving the B 5 vehicle, and due to the shock, he concealed the said X-ray vehicle in the future, and 2.0 vehicles located in the CW 2.0 vehicle located in the Singu-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “instant vehicle”).

(hereinafter referred to as “instant accident”)

B. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with D with respect to the foregoing vehicle B (hereinafter “instant insurance contract”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including provisional number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff filed a principal lawsuit to the Defendant for the repair cost of the instant vehicle due to the instant accident. The Plaintiff sought confirmation that the Plaintiff’s damage liability against the Defendant does not exist in excess of KRW 784,00, since the lease cost of the instant vehicle due to the instant accident is KRW 784,00 (i.e., the 112,00 per day rental fee of the vehicle x the repair period of the vehicle x 7 days).

B. The Plaintiff is obligated to pay the Defendant a rent of KRW 14,976,00 (=234,000 x 64 days) and damages for delay from December 30, 2013 for the same kind of vehicle and the same class of vehicle as the instant vehicle, and the repair period due to the instant accident is 64 days.

3. Determination

A. The fact that the instant accident occurred due to the negligence of violating D’s duty of safe driving, as seen earlier, and thus, the Plaintiff, who entered into the instant insurance contract with D, is liable to compensate the Defendant for the damages incurred by the Defendant due to the instant accident according to the terms and conditions of the instant insurance contract.

(b) The scope of liability for damages (1) prevents the use of a motor vehicle for a specific period necessary for repairing due to damage caused by an accident;