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(영문) 수원지방법원 평택지원 2017.02.10 2015가단47803
손해배상(자)
Text

1. An accident on July 23, 2015, 07:00, and on the part of the officetel parking lots located in Goyang-gu, U.S.B., Ilyang-gu.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with C with respect to Done Star Vehicles (hereinafter “Plaintiff”). The Defendant is the Defendant, the lessee, and the lessee.

B. A around 07:00 on July 23, 2015, C destroyed the E-owned FObaba (hereinafter “the instant damage Orababa”), which was parked in the string of the vehicle while driving the Plaintiff’s vehicle at the studio Btel underground parking lot in the Goyang-dong-gu Seoul Metropolitan City (U.S.).

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

The Defendant leased the G Oralba (hereinafter referred to as the “Defendant Oralba”) owned by E due to the instant accident.

[Ground of Recognition] Facts without dispute between the parties, Gap evidence 2, 3, 6, Eul evidence 5, the purport of the whole pleadings

2. The gist of the parties' assertion argues that the plaintiff asserts that the appropriate repair period of the damage Oral Ba of this case is seven days, and that the rent per day for the used vehicles of this grade is KRW 136,000, and that the Defendant's rent does not exceed KRW 952,00 (=136,000 won X7 days).

In regard to this, the defendant asserts that the amount of rent per day is KRW 250,000 in the case of defendant Orala, which is a de facto high-class vehicle with the damage Orala of this case, and that the amount of rent per day is KRW 270,00 in the case of defendant Orala, which is the same kind of Orala, and KRW 270,00 in the case of the defendant Orala, and that the plaintiff is claiming against the plaintiff for the payment of KRW 7,60,00 in the loan fee for the defendant Orala (= KRW 250,000 in X 222 days in the case of the damage Orala).

3. Determination

(a) Where the victim requests the perpetrator or insurer to rent the vehicle for a certain period of time on the ground that the victim could not use the vehicle due to the damage caused by the accident, not only the vehicle needs to be repaired, but also the amount of the loan cost can be accepted, and the need for the lending and borrowing and the amount of the loan expense should be reasonable.

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