beta
(영문) 서울중앙지방법원 2016.06.02 2014가단120254

손해배상

Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On May 6, 2014, the Plaintiff leased “C” BM M32013 vehicle owned by the Plaintiff to Nonparty B (the first registration on July 2013; hereinafter “instant vehicle”). At the time of the lease, the odometer was 12,167 km for the instant vehicle at the time of the lease, and the lessee agreed to bear the repair cost and the rest compensation fee (50% per day) for the repair period when the damage to the instant vehicle occurred during the lease period.

On the other hand, Article 17(4) of the Rental Terms and Conditions applicable to a vehicle rental contract provides that "30% of the estimated amount shall be paid as cost of emulsion damage in the event of loss of emulsion due to damage to a leased vehicle."

B. The Defendant, as Nonparty B’s land owner, is driving the instant vehicle without a license on May 7, 2015, and driving the instant vehicle on the roads near C at macro-si around May 7, 2015.

The accident caused by the shock of telecommunication poles was destroyed.

[Ground of recognition] Unsatisfy, each entry (including a serial number) in Gap1 to 5, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the instant vehicle was destroyed by the accident caused by the Defendant, thereby failing to rent the vehicle for about 50 million won of the repair cost and about 90 days of the repair cost, resulting in damage of KRW 29.7 million of the annual rent of KRW 660,000 (660,000 x 50% x 90 days), and KRW 30% of the repair cost after repair.

However, since the Plaintiff sold the instant vehicle to KRW 10 million without repairing it, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 84.7 million after deducting the sales price from the total amount of KRW 94.7 million.

B. On May 2014, the mid-to long-term vehicle of the same kind similar to the instant vehicle claimed by the Defendant is limited to KRW 55 million from approximately KRW 50,000 to KRW 55,00,000. The daily rental fee of the same kind of vehicle publicly announced by the Plaintiff on the Internet is not KRW 660,000,000, but also KRW 495.