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(영문) 서울서부지방법원 2016.01.21 2015가단206877

사용료

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant A operated a B-cab around October 2014 (hereinafter “Defendant vehicle”) and caused an accident (hereinafter “instant accident”) against Non-Party C’s Denz SL65AM vehicle (hereinafter “victim”).

B. The Korean Federation of Passenger Taxi Transport Business (hereinafter “Defendant Federation”) is a mutual aid business entity that has entered into a mutual aid agreement with the Defendant’s vehicle.

C. On October 20, 2014, the damaged vehicle entered into the Hansung Motor Vehicle Response Service Center for the repair, and was released on November 19, 2014.

On November 3, 2014, Nonparty E entered into a vehicle lease agreement between the Plaintiff and the Plaintiff, setting forth “vehicle leasing period: from November 5, 2014 to November 18, 2014, the vehicle lease agreement between November 20, 2014 and November 20, 2014.”

[Grounds for Recognition: Evidence No. 1, No. 1, and No. 1, and the fact-finding results on the Hansung Motor Vehicle Service Center in this Court, the purport of the whole pleadings]

2. Determination:

A. The gist of the Plaintiff’s assertion 1) After the instant accident, the Plaintiff leased the Plue vehicle to E, a driver of C, instead of the damaged vehicle. At that time, the Plaintiff obtained the consent on the said vehicle leasing from the Defendant Federation. (2) The Plaintiff, a proxy of C, transferred the damage claim for the lending and borrowing against the Defendants, and filed a claim for the rental fee with the Defendant Federation. The Defendant Federation consented to the said assignment of claims in consultation with regard to the amount.

3) Accordingly, the Defendants jointly and severally are liable to pay the Plaintiff the damage claim for the use of the loan from C [5,00 won [56,265,00 won [3,720,000 won per day siren3,000 won per day siren3,720,000 won x 15 days]] 80% of the Defendants’ liability ratio against the instant accident] and the delay damages therefrom. 4) Even if the Plaintiff cannot be deemed to have been transferred the damage claim from C, the Defendants are liable to pay the Plaintiff.