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(영문) 서울동부지방법원 2015.10.16 2015가단109417
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On May 28, 2014, the Plaintiff was operating a motor vehicle mutual aid project related to a private taxi, and entered into a motor vehicle mutual aid agreement with C on May 28, 2015 with respect to a motor vehicle A (hereinafter “instant taxi”).

C around 1:40 on August 8, 2014, while driving the instant taxi in front of the exit area No. 9 in Gangnam-gu, Seoul, Seoul, the front part of the instant taxi, which was in front of the right side of the instant taxi while driving the central line and driving the illegal U-turn. Around 1:40 on the left side of the BMW 420D car (hereinafter referred to as “victimd vehicle”) driven by shocking the damaged vehicle into the left side side of the DMW 420D vehicle (hereinafter referred to as “victimd vehicle”), thereby damaging the damaged vehicle to the extent of KRW 6.28,00 at its repair cost, such as the left side

On August 8, 2014, E of the owner of the damaged vehicle: (a) entered into a car siren agreement with the Defendant on the condition that he/she covers the F UD vehicle (hereinafter referred to as “loaned vehicle”) instead of the damaged vehicle during the said automobile repair period; (b) operated by receiving delivery of the leased vehicle on the same day; (c) on August 28, 2014, when the repair of the damaged vehicle was completed, he/she returned the leased vehicle to the Defendant; and (d) the rental vehicle rental period was eight (20) hours per day.

In the case of damaged vehicles and high-class automobiles with the same rank, the rental fee of the ordinary day set by the defendant shall be 427,500 won, and the amount of the average rental fee of the defendant shall be discounted by 30%.

The Defendant filed a claim with the Plaintiff for KRW 6,084,00,00 for the above 20-day rental fee for a vehicle for the 20-day period ( KRW 427,500 per day rental fee for a vehicle set by the Defendant 】 (1 - Defendant’s discount rate of 30%) x 20-day rental fee for the repair period. However, the Plaintiff refused payment while it was excessive.

[Reasons for Recognition] Unsatisfy, Gap 1, 2, 3, and Eul 1-5, and the purport of Gap 4's images and arguments as a whole.

Judgment

According to the above facts, the lending fee determined by the defendant for the above 20 hours and 8 days is 6,084,000 won [427,500 won x 0.7 x 0.7 x (208/24 hours and the defendant sought.

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