청구이의
1. Compulsory execution against the Plaintiff by the Defendant on August 10, 2016, KRW 3,400,000, based on the payment order issued by the Defendant on August 10, 2016.
1. Basic facts
A. The Plaintiff is operating a LFBA car leased by the Defendant, which was operated by the Defendant.
The traffic accident occurred.
B. On August 10, 2016, the Defendant filed an order with the Plaintiff for payment of vehicle repair expenses, etc. under this Court No. 2016 tea49, and issued a payment order from this Court on August 10, 2016, that “the Plaintiff shall jointly and severally with B, etc., and jointly pay the Defendant 8,860,623 won, and damages for delay calculated at the rate of 15% per annum from the day after the original copy of the payment order
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. According to the above facts finding that the Plaintiff was liable for damages, as the Plaintiff was driving the instant vehicle while driving the instant vehicle, and the instant accident occurred, the Plaintiff is liable for compensating the Defendant for the damages incurred therefrom.
3. Scope of liability for damages
A. The Defendant paid KRW 8,060,623 as the repair cost of the instant vehicle, and submitted a quotation and a deposit certificate. However, it is exceptional that the actual cost of the instant vehicle during the repair period between the estimates prepared on the date of the accident and the repair cost incurred during the same month is accurately consistent. In light of the financial transaction details submitted as the details of the payment of the actual repair cost, it is difficult to regard the payment of the instant vehicle as the repair cost (in the case of KRW 6,300,000,000, the same amount was withdrawn at the same time each month, and in the case of the withdrawal of KRW 1,00,000,000,000,000,000,00
According to Article 22(3) of the Standard Terms and Conditions for Rental of Motor Vehicles, 50,000 won, 80,000 won, 50,000 won, 50,000 won, 80,000 won, per month for the repair period, shall be borne by the lessee as temporary damages.
Therefore, the plaintiff is obligated to perform the obligation from November 18, 2016, which is the day following the service of the original copy of the instant payment order, to the defendant as to KRW 3.4 million.