beta
(영문) 서울중앙지방법원 2019.07.02 2018나76301 (1)

양수금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a stock company running the automobile rental business, and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the automobile owned by C Co., Ltd. (hereinafter “Defendant vehicle”).

B. At around 15:00 on February 13, 2018, the Defendant’s vehicle shocked D-owned vehicles e220d E (hereinafter “victim”) (hereinafter “victim”).

(hereinafter “instant accident”). C.

D due to the repair of the damaged vehicle, from February 21, 2018 to February 16:00 of the same month, D leased the damaged vehicle from the Plaintiff from February 21, 2018 to February 16:00 of the same month.

On February 21, 2018, the Plaintiff, instead of paying the rent of the above vehicle, transferred the damage claim equivalent to the rent of the above vehicle to the Defendant of D and was delegated with the authority of notification. The Plaintiff notified the Plaintiff of the transfer of the damage claim equivalent to the rent of the above vehicle from D by the delivery of the duplicate of the instant complaint. The duplicate of the instant complaint reached the Defendant on May 25, 2018.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3 evidence, Eul 7 evidence, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The main point of the argument D is that the Plaintiff borrowed the vehicle A6 vehicle of the same kind and kind as the damaged vehicle for five hours per two days due to the accident in this case, and the expenses incurred therein are 850,208 won [(50,000 won per day a6 1- day loan x 550,000 won per day x 550,000 won x 550,000 x 5/24) x 70% (applicable at a discount rate of 30%) x hereinafter referred to as the "loan expense in this case]. Thus, the Defendant is liable to pay the Plaintiff the loan expense in this case and its delay damages equivalent to the loan expense in this case.

B. On the ground that the victim could not use his/her motor vehicle for a certain period of time due to the damage caused by an accident, he/she claims the perpetrator or the insurer for the cost of borrowing and lending another motor vehicle of the same class and class for the same period of time.