1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Plaintiff is the owner of C Myga S Q4 car (hereinafter “Plaintiff”), and the Defendant is the insurer who entered into an automobile insurance contract with respect to D AW-purged vehicle (hereinafter “Defendant vehicle”).

B. On December 2, 2017, the driver of the Defendant’s vehicle was under the influence of alcohol on December 12:17, 2017, while driving the Defendant’s vehicle, and received the rear part of the Plaintiff’s vehicle standing in order to make a U-turn in the vicinity of the desired route distance located in the Daegu Suwon-gu.

(hereinafter referred to as “instant accident”). C.

Plaintiff

On December 5, 2017, the vehicle was put into the E Company and repaired, and it was released on January 25, 2018.

The Defendant paid 4,721,820 won in total as repair cost of the Plaintiff’s vehicle due to the instant accident.

From December 2, 2017 to 30 days from December 2, 2017, the Plaintiff used the franchise 300 car (hereinafter “the instant loan”) instead of the Plaintiff’s vehicle destroyed by the instant accident.

The Defendant paid KRW 5,039,912 as the fee for the loan of this case.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1, 2, 3, and 5 (including additional numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff needs to use the Plaintiff’s vehicle damaged by the instant accident for the repair period. As such, the Defendant shall complete repair from January 1, 2018, which was after the period of use of the instant loan to January 25, 2018, and pay KRW 4,19,926 to the Plaintiff KRW 4,19,926 for the loan and lease damage from January 25, 2018, where the Plaintiff’s vehicle was released. (2) The Plaintiff’s vehicle was unable to repair the Plaintiff’s vehicle even if it was technically possible due to serious damage, such as the destruction of the structural part of the instant vehicle due to the instant accident, and thus, the Defendant shall compensate the Plaintiff for KRW 11,00,000.

B. On May 10, 2018, the Plaintiff asserted as follows: (a) KRW 4,000,000 from the Defendant as damages.