1. Of the judgment of the first instance, the part against the defendant in excess of the amount ordered to be paid below is revoked, and that part is revoked.

1. From February 17, 2019 to February 16, 2019, the Plaintiff running a motor vehicle rental business: (a) leased a motor vehicle with the Defendant, the vehicle of which (hereinafter referred to as “instant motor vehicle”) is comprised of nine (9) investment vehicle (hereinafter referred to as “instant contract”). At the time of the instant contract, the Defendant subscribed to a non-life insurance policy with the limit of the vehicle liability amounting to KRW 4,000,000, at the time of the instant contract.

On February 17, 2019, the Defendant driven the instant vehicle while driving the instant vehicle at the roadside of the Geumdong-gu, Jeju Metropolitan City and caused the instant vehicle to be destroyed by the collision of road boundary seats (hereinafter “instant accident”). [In the absence of dispute, the evidence of No. 1, 2, and 11 through 14 (including each number of numbers in the instant case), Eul’s identification number), Eul’s identification of No. 1, 2, and 2, and the purport of the entire pleadings and arguments.

2. Determination on claims for damages caused by nonperformance of obligations

A. The Defendant causing the instant accident and destroying the instant vehicle constitutes a nonperformance of “the obligation to return the instant vehicle to its original condition” under the instant contract, and thus, the Defendant is liable for compensating the Plaintiff for the damages incurred therefrom.

B. According to the results of the appraisal commission to the D Center within the scope of liability for damages and the purport of the whole theory of changes, it is recognized that the instant vehicle damaged by the instant accident was required to repair 7,743,679 won.

Meanwhile, the Plaintiff sought compensation for the remaining amount of damages after deducting the maximum amount of compensation 4,00,000 won from the insurance purchased by the Defendant. Thus, the Defendant’s damages that the Defendant is liable to compensate for to the Plaintiff are KRW 3,743,679 ( = 7,743,679 - 4,00,000).

(c)

In conclusion, the defendant is liable for damages caused by the failure to perform the obligations under the contract of this case to the plaintiff, and after the date of occurrence of damages to the plaintiff, the defendant filed for the plaintiff from April 16, 2019 to April 19, 201, which is reasonable to dispute on the existence or scope of the defendant's obligation to perform.