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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. The Plaintiff, as an insurer of each vehicle listed in the attached Table “damage (automobile number)” column (hereinafter “each of the instant vehicles”), paid each amount indicated in the vehicle rental fee (hereinafter “loan fee”) to the insured in relation to each accident described in the same Table as the vehicle rental fee during the vehicle repair period.
B. The Defendant is a repair company specializing in the repair of a motor vehicle, and it is well aware that in the event of the damage of a motor vehicle, the borrower has sirens other motor vehicles during the repair period, and there is a rent for such vehicle, and that the damage equivalent to the rental fee would be increased if the Defendant delays the repair, and there is a possibility to prevent the Plaintiff’s damage by means of simple methods, such as pre-contract maintenance, if the insured motor vehicle is promptly repaired or its repair is impossible within a reasonable period.
C. Nevertheless, the Defendant delayed repair by intention or negligence in excess of the appropriate repair period based on the standard work hours according to the standard work hours schedule published by the Ministry of Construction and Transportation (each of the instant vehicles is requested for repair due to minor accidents, and the period required for repair due to the said standard work hours is less than one day, and even considering the fact that various circumstances are sufficiently met, the appropriate repair period shall not exceed four days).
Accordingly, the Defendant is liable for compensating the Plaintiff for the damages, since the Defendant sustained damages equivalent to the increased loan fee (the amount obtained by deducting the loan fee during the appropriate repair period from the loan fee paid by the Plaintiff) as stated in the attached Table “compensation” column to the Plaintiff.
2. Determination:
A. It is insufficient to recognize that the Defendant delayed the repair of each of the instant vehicles by intention or negligence on the sole basis that the repair period of each of the instant vehicles exceeds the adequate repair period, and evidence to acknowledge it otherwise.