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(영문) 서울중앙지방법원 2017.03.17 2016나24603

렌트대여료 미지급금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

Reasons

Facts of recognition

As a motor vehicle rental business operator, the Plaintiff leased the motor vehicle owned by the Plaintiff during the repair period of the damaged motor vehicle to the victims of the accident.

The lending period shall be as specified in the "loan Period" column in the attached Table.

According to Gap evidence No. 3 (including the provisional number), the plaintiff was found to have lent the plaintiff's motor vehicle to each victims on the date indicated in the "lease Date" column in the attached Table, and received the return on the date indicated in the "Repaid Date" column in the attached Table. Thus, since the above lending period is particularly for an unreasonable period of time or there seems to be any false circumstance, all of them are recognized as an appropriate real lending period.

The defendant is the insurer of the driver of the vehicle who caused the above traffic accident.

The Plaintiff received the insurance claim from each victims to the Defendant, and claimed the lending fee, and the Defendant paid the Plaintiff each money listed in the attached Table 2 to the Plaintiff.

【As indicated in Table 1, the Plaintiff’s assertion of the following facts: evidence Nos. 2, 3, 6, and evidence Nos. 1, 3, 4, and 5 (including paper numbers; hereinafter the same shall apply) of the Plaintiff’s ground for recognition; the Plaintiff’s assertion of the purport of the entire pleadings; and the Plaintiff’s assertion of the Plaintiff calculated the instant lending fee as indicated in Table 1, on the basis of the amount of discount by 30% from the rental fee reported by the Culture and Arts Corporation

Since the defendant did not pay KRW 450,690 as stated in the above table, it is obligated to pay the unpaid loan fee and the delay damages therefor.

The defendant's assertion pays the "ordinary fees required for leasing the same kind of motor vehicle" in accordance with the automobile insurance clause, and calculates the ordinary fees based on the rental fees of the lot rental corporation (former KTwrenk Co., Ltd.).

With respect to the loan fee claimed by the plaintiff, the settlement has been completed by paying it as the ordinary fee.

Judgment

A motor vehicle rental business operator has lent a motor vehicle.