1. The Defendant shall pay KRW 33,019,232 to the Plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

1. Basic facts

A. On April 2, 2016, the Plaintiff entered into a car rental agreement with the Defendant on the condition that KRW 1,300,000 per month usage fees for the Defendant and D vehicles and KRW 300,000 per month exemption from liability for each accident (in the event of an accident, personal injury, personal injury, and personal injury) are imposed, and the rent for the vehicle during the vehicle repair period is paid by the Defendant.

B. The Defendant used the foregoing vehicle and caused an accident on November 2016 (hereinafter referred to as “accidented vehicle”), and thereafter used the said vehicle to replace it with E in accordance with the car rental contract and used it until October 2, 2018, and returned the said vehicle to the Plaintiff on October 16, 2018, and paid KRW 7,700,000 to the Plaintiff as the usage fee for the car rental contract.

C. The repair cost for the vehicle involved in the accident was KRW 7,479,074, and the Plaintiff’s insurance company and the counterpart insurance company settled the insurance proceeds on the premise of the fault ratio of KRW 6:4.

At the time of the accident, the repair period of the vehicle is 12 days, and the rest fee is 43,334 won during the repair period.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 6, purport of whole pleadings

2. Determination:

A. The Plaintiff’s assertion is to pay to the Plaintiff the fee of KRW 31,906,676 for the unpaid vehicle under the automobile rental contract, ② KRW 512,56 for the 12-day break-off vehicle for the accident vehicle, ③ the sum of KRW 4,487,44 for the repair cost of the vehicle involved in the accident, and KRW 36,906,676 for the 12-day break-off vehicle.

B. According to the above facts, the Defendant’s determination as to the claim for the user fee and the rent for a leave of absence is as follows: ① The Defendant shall pay the Plaintiff the fee for the use of the unpaid vehicle KRW 31,906,676 [39,606,676 ( KRW 1,300,000 x 30 months x 1,300,000 x 15/31 =31 =39,629,000 x 15/39,629,032)]; ② The Defendant shall pay the Defendant the fee for the use of the unpaid vehicle as KRW 512,556 ( KRW 43,34 x 12 days x 520,00), ② the Defendant shall pay the Plaintiff the fee for the use of the vehicle during the repair period.