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(영문) 청주지방법원 2017.07.11 2016가단18128

손해배상(자)

Text

1. The Defendant shall pay to the Plaintiff KRW 22,639,826 and the interest rate of KRW 15% per annum from March 24, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Defendant entered into a vehicle rental agreement with the Plaintiff and the Plaintiff to use the vehicle from September 13, 2016 to September 17, 2016, and had C use the vehicle without the Plaintiff’s consent.

B. C caused an accident involving underground passage columns in the north-west and caused the accident to be carried out from September 19, 2016 to October 14, 2016, and the Plaintiff paid KRW 18,827,258 at the repair cost of the vehicle (=value 17,115,689 value-added tax of KRW 1,71,569), while repairing the vehicle from September 19, 2016 to October 14, 2016.

C. The instant vehicle is a vehicle first registered on May 27, 2015, and the daily rental fee of the same kind of vehicle as the instant vehicle is KRW 84,040.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. Determination

A. The Plaintiff sought payment of KRW 2,397,106,983 of the repair cost of the instant vehicle from September 18, 2016 to November 7, 2016, and sought payment of KRW 18,827,258 of the repair cost of the instant vehicle, and KRW 18,827,258 of the repair cost of the instant vehicle from September 18, 2016 to November 7, 2016, the Plaintiff sought payment of KRW 22,639,826 of the repair cost of the instant vehicle from September 25, 2016.

B. According to the above facts, the defendant should not allow a third party to use the vehicle as a lessee of the instant vehicle, and if the vehicle leasing period expires, the defendant is liable to compensate the plaintiff for the damages incurred by the instant accident. Thus, the defendant is liable to compensate the plaintiff for the damages incurred by the Plaintiff, who is the owner of the instant vehicle. The defendant is under the Act on Special Cases concerning the Promotion of Legal Proceedings, etc. from March 24, 2017 to the day of complete payment, which is the day following the delivery date of the application for the payment order in this case.