1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. Basic facts

A. On December 8, 2014, the Plaintiff is proceeding on the opposite lane while driving a B K5 car owned by the Plaintiff (hereinafter “victim”) on the road located in Daegu-gun, Daegu-gun, the ground of which is located.

Collision with C Motor Vehicles beyond the central line (hereinafter referred to as “Arrithing Motor Vehicle”).

(hereinafter “instant accident”). (b)

The defendant is an insurer who has entered into a comprehensive automobile insurance contract with the owner of the household (hereinafter referred to as “instant insurance contract”).

C. From December 9, 2014 to February 2, 2015, the day following the instant accident (total of 56 days), the Plaintiff was repaired by putting the damaged vehicle into the Korea MM North Daegu Service Center. During the said repair period, the Plaintiff leased and used KS5 automobiles of the same kind as the damaged vehicle from the central siren for 41 days during the said repair period.

On the other hand, the terms and conditions of the insurance contract of this case stipulate the term of recognition of the lending cost as follows.

Category-IIed District Class 2

3. Loan charges;

(c) In a case where repair is possible: the period until the completion of repair is completed, and in a case where repair is impossible (ii) in a road with 30 days a day: 10 days;

E. The Defendant paid KRW 6,700,040 of the repair cost and KRW 2,574,00 of the loan cost with respect to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. Although the Defendant, as an insurer of a household vehicle, is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the instant loss, the Plaintiff did not pay the Plaintiff the 1,016,400 won of the 11-day loan expense (i.e., daily loan fee of 132,00 won x 11 days x 70% of the discount rate in the ordinary industry) from January 22, 2015 to February 2, 2015.

Therefore, the defendant is obligated to pay to the plaintiff the above-paid loan cost of KRW 1,016,400 and damages for delay.

B. As to the terms and conditions of the instant insurance contract, the Defendant’s repair is required.