손해배상(기)
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.
1. Facts of recognition;
A. On June 17, 2016, the Plaintiff entered into an operating lease agreement with Co., Ltd. (hereinafter “the instant lease agreement”). Of the standardized terms and conditions applicable to the instant lease agreement, the Plaintiff’s key contents related to the instant case are as follows: (a) KRW 449,771,830, advance payment lease fee of KRW 200,000, monthly lease fee of KRW 3,68,600, and KRW 60 months; and (b) the lease term of KRW 3,68,600, and KRW 60.
Article 3 (Responsibilities of Customers) (2) Ownership of a leased motor vehicle is in a financial company (the defendant company refers to the defendant company; hereinafter the same shall apply), and customers are holding only the right to benefit from use.
Article 14 (Misappropriation, Loss, or Damage of Motor Vehicle) (1) The customer shall be responsible for any accident that damages the normal function, appearance, and possession of the motor vehicle, such as theft, loss, or damage, from the time of the acquisition of the motor vehicle to the financial company for any reason such as the termination of the lease contract, etc.
(2) Where a motor vehicle is stolen, destroyed, or damaged, the customer shall without delay notify the financial company and fulfill any of the following matters at the customer's expense:
1. The motor vehicle shall be completely restored to its original function, appearance, and possession;
2. To replace the existing motor vehicle model, specifications and composition with the same motor vehicle;
(hereinafter omitted)
B. Defendant B is the owner of DWts’ car (hereinafter “Defendant vehicle”) and Defendant D non-life insurance company (hereinafter “Defendant Company”) is the insurer who concluded the automobile insurance contract regarding the Defendant vehicle.
C. Defendant B, at around 10:47 on August 20, 2016, was parked on the right side of the leased vehicle of this case while driving the Defendant vehicle at an underground parking lot in the building at the address of his domicile, and was parked on the right side of the Defendant vehicle.