beta
(영문) 대전지방법원 2017.06.27 2017가단6457

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 25,946,683 and the interest rate of KRW 15% per annum from February 10, 2017 to the date of complete payment.

Reasons

1. Indication of claim;

A. On November 5, 2016, the Plaintiff entered into a lease agreement with the Defendant on the GLS250 vehicle (hereinafter “instant vehicle”). At the time of the said lease agreement, the Defendant agreed to bear the vehicle repair cost and the 200,000 won of the annual leave of absence.

B. The Defendant leased the instant vehicle and caused an accident during operation.

The plaintiff paid 21,446,832 won for the automobile repair cost, 49,851 won for towing cost, and the vehicle repair period was required for 20 days.

C. Therefore, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 25,946,683 [=21,446,832 Won 49,851 Won 4,00,000 + 200,000] due to the instant accident and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the day following the day when the original copy of the instant payment order was served to the day when the original copy of the instant payment order is fully repaid.

2. Articles 208(3)2 and 150(3) (a) of the Civil Procedure Act of the applicable provisions of the Acts only applies to a formal written objection with the original payment order delivered and without any particular content. Since the subsequent written response was not presented and thereafter the plaintiff did not appear on the date for pleading, it is deemed that all of the allegations by the plaintiff were led to confession);