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(영문) 제주지방법원 2017.03.29 2016나5023

손해배상(기)

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 23, 2015, the Defendant: (a) prepared a contract with the Plaintiff, which is an enterprise operating automobile rental business, etc.; and (b) leased BOX vehicles (hereinafter “instant vehicle”) for three days from the same day from the same day (the terms of the contract directly signed on “customer signature” column in paragraph (5)).

(hereinafter referred to as “instant contract”).

1.The fuel cost and airport parking fee will be borne by the lessee;

2. The driver other than the driver described in this Agreement shall not drive.

3. The lessee shall be liable for all traffic offenses occurred during the lease of a vehicle; and

4. The vehicles of Jeju Eeren Ba are subscribed to a comprehensive insurance (personal, personal, and personal) except for vehicle damage insurance (personal, personal, and personal).

5. The cost of repairing the vehicle involved in the accident due to the loss of the lessee during the operation of the vehicle and the cost of repairing the vehicle during the repair period (50% of the daily rental fee) shall be borne by the lessee;

Exemption from Motor Vehicle Damage Indemnifications: 20% of the motor vehicle repair cost (at least 100,000 won - maximum 500,000 won) of the vehicle repair cost for a motor vehicle that has not been admitted to the exemption from the payment of the leave of absence for the passenger signature, full exemption of the compensation for the leave of absence for the motor vehicle:

6. Other terms and conditions of the contract shall correspond to the rental terms and conditions.

B. At the time of entering into the instant contract, the Defendant paid the prescribed insurance premium and subscribed to the “full-electronic damage exemption system”. On the back of the said contract, the following terms and conditions are specified in relation to the above exemption system:

(hereinafter referred to as “instant terms and conditions”). Article 1 (Purpose) of the instant terms and conditions aims to provide for matters concerning the rights and obligations under the rental automobile lease agreement (hereinafter “lease agreement”) between the lessor of the leased automobile (hereinafter “company”) and the lessee (hereinafter “customer”).

Article 11 (Purchase of Insurance Policy) ① The Company shall provide customers with liability insurance and comprehensive liability insurance for motor vehicles in accordance with the Guarantee of Automobile Accident Compensation Act.