A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to B vehicles (hereinafter “Plaintiff”), and the Defendant is a corporation that engages in automobile rental business, etc., and is the owner of A X-ray vehicle (hereinafter “Defendant vehicle”).

B. On June 14, 2013, the Defendant entered into a monthly rent of KRW 508,200, and the period of use from November 1, 2012 to October 31, 2015 (hereinafter “instant vehicle rental contract”). According to the said contract, where a vehicle is damaged (accident) due to the other party’s negligence while a customer uses a leased vehicle, the Defendant is deemed not to separately provide a lending service.

C. On September 25, 2014, C driving the Defendant on September 25, 2014, and was straighted according to the straight signal from the Sejong East-dong distance at Suwon-si, which was in conflict with the Plaintiff’s vehicle at the opposite line at the left left turn.

(hereinafter “instant traffic accident”). D.

The Defendant paid KRW 12,707,924 at the repair cost of the instant vehicle due to the instant traffic accident to D Motor Vehicle Industrial Complex.

E. After the instant traffic accident, the Defendant entered into a motor vehicle rental agreement with the Cheongsung as stipulated under the following: (a) an additional contract on the motor vehicle to be used during the repair period of the instant motor vehicle from September 25, 2014 to October 16, 2014; and (b) an additional agreement on the car rental agreement for the period from September 25, 2014 to October 16, 2014 (=80,300 won x 21 days).

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 9, Eul evidence 1 to 4, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The gist of the parties’ assertion 1 Plaintiff caused the instant traffic accident by the negligence of 10% by the Defendant’s vehicle. Even if the Plaintiff is liable for damages, it shall be calculated by the fixed rate method at the time of the instant traffic accident.