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

The purport of the claim and appeal is the purport of the appeal.

A. On November 6, 2013, the Plaintiff entered into a long-term siren car contract (hereinafter “instant siren contract”) with the Defendant and BNS vehicles for a period of 48 months, rental fee of 89,470 won, maintenance-in SV Ⅰ.

Of the instant siren contracts, the contents relating to the instant case are as follows.

Article 7 (Maintenance Services) (4) In the event that “Slim” has been selected in front of this Agreement, vehicle management, such as vehicle repair and maintenance within the rental period, consumable exchange, etc. shall be conducted directly by the customer, and in any of the following cases, the expenses shall be claimed when filing a claim for the rent for the following month:

1. Where a company maintains a vehicle because it is deemed to have a serious impact on the operation of the vehicle when conducting a circuit inspection;

2.In the event that the Company pays the maintenance costs to be borne by the Company and its affiliated maintenance plant, the Company will conduct regular inspections of the vehicle for safe operation, and will bear the costs resulting therefrom.

(5) If it is impossible to operate a vehicle due to a defect in the vehicle, the company shall borrow the vehicle in the same class or higher order.

B. On September 26, 2016, in the course of the Plaintiff’s operation by taking over the said vehicle from the Defendant, there was a trouble in which the Plaintiff ceased to stop at zero (0) in both the speed limit of the meter board, engine power system, fuel system, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, 6, 9, 10 (including paper numbers), Eul evidence Nos. 1, 2, and 4 and the purport of the whole pleadings

2. Although the Plaintiff’s obligation to repair the breakdown of the vehicle on the ground of the Plaintiff’s assertion was the Defendant, the Plaintiff was unable to drive the said vehicle from September 26, 2016 to December 6, 2016 due to the Defendant’s failure to perform its repair duty, and the Defendant ought to return the rental fee of KRW 2,098,763 equivalent to the said period as unjust enrichment.

3. The Plaintiff entered into the instant siren contract and entered into a maintenance contract.