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(영문) 서울고등법원 2016.11.25 2016나716

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On March 18, 2013, Plaintiff Sene (hereinafter “Plaintiff Sene”) entered into a business agreement with the Defendant on the charge that the customer who wishes to receive vehicle rental services due to a vehicle accident among the Defendant’s customers would rent and use the Plaintiff Sene’s vehicle. The main contents are as follows.

(hereinafter “The Convention on March 18, 2013”). Article 1(1) of the Convention aims to promote customer service and business activation among the two companies when the customer who intends to receive vehicle rental services due to a car accident among the Defendant’s customers rents and uses the Plaintiff’s Esene rental vehicle.

Article 2 (Definition) The definitions of terms used in this Convention shall be as follows:

1. The term “RENTSVICE” means a series of services provided by the Defendant’s customers from the lease stage to the end of the leased vehicle, including the service of dispatch and lease to the end of the leased vehicle.

2. The Defendant’s customer refers to the Defendant’s customer who repairs BMW vehicles at the Defendant’s BMW service center under law.

3."Stop or rental services" means services, including round-up lending services, to a place that the customer wants, as well as to a meeting at the place that the customer wants.

Article 3 (Application for Exemplary/Lease)

1. Where the Defendant’s customer wishes to receive the accident free loan service from Plaintiff Sene, the Defendant’s request for dispatch/loan/lease is the Defendant’s expression of intent.

2. If the Defendant’s expression of intent to provide the accident free loan service occurs, the Defendant shall first request the Plaintiff’s Sene car to provide cooperation.

Article 4 (Scope of Application for On Board or Lending) In the event of an application for on board or lease, it shall be deemed to have loaded the MFW vehicle owned by the Plaintiff Esene.

§ 5.