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

Purport of claim and appeal

The first instance court.

A. On November 3, 2013, the Plaintiff leased DM5 car (hereinafter “instant car”) to Defendant A (C) (i.e., the lease agreement entered into between the Plaintiff and the Defendant (hereinafter “instant lease agreement”); and (ii) Defendant B (E) jointly and severally guaranteed the Defendant A’s obligation under the said lease agreement, such as the cost of self-repair and the cost of leave of absence.

B. Around November 4, 2013, when the Defendants operated the instant passenger vehicle, there was an accident involving telegraphic poles (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. The parties' assertion

A. The Defendants asserted by the Plaintiff were unable to perform their duties under the instant lease agreement or under the good manager’s duty of inspection prior to the use of a vehicle. As such, the Plaintiff, the owner of the instant passenger vehicle, is jointly and severally liable to pay the Plaintiff damages incurred by the instant accident, including KRW 13,881,00, a sum of the automobile repair cost and the rest fee, and damages for delay.

[Plaintiff] The Plaintiff sought payment of KRW 15,345,00 in total at the time of filing the instant lawsuit (i.e., repair cost of KRW 8,025,00 for KRW 7,320,000 for 61 days). However, in the trial, the claim for damages was reduced to KRW 13,81,00, but did not claim specific damages in relation thereto).

1) The Defendants were minors at the time of the conclusion of the instant lease agreement, and thus, the Defendants were subject to revocation of the instant lease agreement. (2) The instant accident was caused by telecommunication carriers with the front wheels of the instant passenger car, and thus, the Defendants are not liable for the instant accident.

3. Determination

A. The Plaintiff and Defendant A are the responsibility of Defendant A to repair the car in the event of an accident, taking into account the following: (a) whether the nonperformance liability is established; (b) whether the nonperformance liability is established; and (c) whether the Plaintiff and Defendant A are the responsibility of Defendant A.