(영문) 서울중앙지방법원 2013.12.18 2013가합13202

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(영문) 서울중앙지방법원 2013.12.18 2013가합13202

손해배상

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 25, 2012, the Plaintiff purchased six motor vehicles from the Defendant, and the Defendant entered into an “motor vehicle rental agreement” with a customer who wishes to obtain accident free rental services due to a motor vehicle accident among the Defendant’s customers, on behalf of the customer, to file an application for dispatch and lease on behalf of the customer, and the main contents are as follows.

(hereinafter “instant contract”). Article 2 (Definitions) The definitions of terms used in this Convention are as follows:

1. Liber Services (RENTSVICE) means a series of services from the lease stage to the end of the leased vehicle to the end of the leased vehicle, including the service of dispatch/loan to the Defendant’s customer;

2. “Defendant’s customer” means a customer who has purchased a vehicle from the Defendant and a customer who repairs a vehicle from the Defendant;

3. The term "accident free loan service" refers to lending a siren vehicle to a lending customer and his/her own customers, and a lending customer refers to a victim who has legal liability for damages against an insurance company of the sea with respect to the damaged vehicle due to a motor vehicle accident, and a user of his/her own car refers to a registered insured who has subscribed to automobile insurance of an insurance company;

Article 3 (Applications for Rent/Lease) Where there is a customer who wishes to receive accident free loan services among the defendant's customers, the defendant shall apply for rent/lease on behalf of the customer.

Article 4 (Scope of Application for Ship/Lease) Where an application for ship/lease is filed, it shall be deemed that a vehicle owned by the plaintiff is loaded.

Article 5 (Duty of Exemplary/Lease) (1) The plaintiff shall provide the defendant's customer with kind and sincere guidance and prompt work, and shall immediately provide the defendant with dispatch/loan, except in extenuating circumstances.

For this purpose, the plaintiff must dispatch the staff who can stay in the service center of the defendant.

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