1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 7, 2015, the Plaintiff and the Defendant, who is engaged in rent-a-car business, etc., concluded a motor vehicle lease agreement with D Co., Ltd. (hereinafter “D”) to provide surety insurance policy to the Defendant upon obtaining a guarantee insurance policy from D Co., Ltd. (hereinafter “D”) to ensure the performance of the Plaintiff’s obligation, on a monthly rent of KRW 48 months and monthly rent of KRW 638,00 for the instant motor vehicle (hereinafter “instant motor vehicle”). If the contract is terminated on the ground of the Plaintiff’s fault, the Plaintiff would pay the Defendant the fee for early termination (30% of the total rent when the contract is terminated on the remaining one year or less, 25% of the total rent when the termination on the two years or less, and 20% of the termination on the two years or less) and submit it to the Defendant (hereinafter “instant contract”).

B. Before using the instant vehicle upon delivery, the Plaintiff borrowed and used the instant vehicle and SM7 vehicle, which is the same kind of vehicle, from December 2, 2014 to February 2015.

On the other hand, while using the instant vehicle, the Plaintiff: (a) requested repair to pay repair costs of KRW 673,710 in total (=260,000) to the Maintenance Center; and (b) paid repair costs of KRW 413,710 in total (=260,000).

C. Around June 2018, the Plaintiff terminated the instant contract based on the circumstances, and the Defendant claimed insurance proceeds of KRW 2,851,598 based on the said guarantee insurance contract on the ground that the Plaintiff did not pay monthly rent, etc.

Then, the Plaintiff paid only KRW 1,872,252 to the Defendant on August 7, 2018, including KRW 638,000, and KRW 1,234,252 on October 1, 2018.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 12 evidence, purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion (1) The defendant asserts that the remaining contract period at the time of termination of the contract in this case is eight months, the fee for early termination is KRW 943,646. However, the plaintiff used the same vehicle by borrowing and lending it as above.