1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the amount ordered to be paid under the following paragraph (2) shall be revoked.

2.

1. Basic facts (1) The Plaintiff is the owner of the Plaintiff’s vehicle C (hereinafter “Plaintiff’s vehicle”), and the Defendant is the insurer who entered into a motor vehicle mutual aid agreement with respect to D vehicles (hereinafter “D vehicles”).

② On February 2, 2018, the vehicle used for the Plaintiff’s parking on February 2, 2018 (hereinafter “instant accident”), and the Plaintiff entered the Plaintiff’s vehicle into the E-maintenance Business Center located in Busan, for repair on the same day, and used the Plaintiff’s vehicle for a total of 32 days from the FFF to March 6, 15:00 from February 2, 2018. The period is KRW 4,390,400 (=6,272,000 x KRW 70 x 137,200 per day).

③ The Plaintiff’s vehicle was released on March 6, 2018 through repairs, such as the exchange of back language and painting, after entering the said E-Upgrade.

【Ground for Recognition: Facts without dispute, Gap 1, 3 evidence, Eul 1, 3, 4, and 5 respectively, or the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant accident caused the Plaintiff’s damage to the Plaintiff’s vehicle and thereby caused the Plaintiff’s 32-day rental and lending of 4,390,400 won for 32-day rental and lending. The Defendant is obligated to pay to the Plaintiff KRW 3,951,360 out of the said amount (=4,390,400 x 90% of the negligence of the instant vehicle) and damages for delay.

B. According to the criteria for the payment of the indemnity insurance for the substitute goods of the standardized contract applicable to the automobile mutual aid agreement entered into with the Defendant for the Defendant, the repair period shall not exceed 30 days, and the ordinary repair period calculated on the basis of the working hours necessary for the repair of the Plaintiff’s vehicle shall also be 10 days in consideration of the weekend. As such, the Defendant’s obligation to pay the rental fee is 1,234,800 won (=137,200 won x 10 days x 10 days x 10 days x 10 days x 90 percent x 10 days x 90 percent x 10 days x 10 days x 90 percent ever).

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