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(영문) 수원지방법원 안산지원 2018.09.06 2018가단59062
손해배상(자)
Text

1. On January 5, 2018, around 02:30, the vehicle rental related to a traffic accident that occurred within the apartment parking lot in the Si-Sari City.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a F contract with D Co., Ltd. with D Co., Ltd. with respect to E Co., Ltd. for E Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”). The Defendant is a company that aims at automobile rental business, etc.

B. On January 5, 2018, while the Plaintiff’s driver drivens the Plaintiff’s vehicle within the Si apartment parking lot in the Silung-si, Silung-si, the Plaintiff’s driver caused an accident involving the Plaintiff’s HC 20C vehicle owned by G (hereinafter “victim”).

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

G On January 5, 2018, on the day of the accident, on the day of the accident, the motor vehicle maintenance business operator I requested the repair of the motor vehicle, resulting in the damaged vehicle, and on January 30, 2018, the repair was completed and released.

G leased from the Defendant during the period from January 5, 2018 to January 30, 2018, J LFLI (hereinafter “instant vehicle”). In preparing the vehicle rental contract, G transferred to the Defendant the entire claim for rent and lease fee against the insurance company.

E. The daily rent of the instant vehicle is KRW 98,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 6, Eul evidence Nos. 4 and 6, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff G leased the instant vehicle to the Defendant during the repair period of the damaged vehicle, and the Defendant claimed 2,450,000 won as the lending fee to the Plaintiff.

However, since the adequate repair period due to the damage of the damaged vehicle is three days, the damage of the rent for the damaged vehicle is only 331,800 won (=10,600 won + 158,000 won x 70%) x 3 days.

Therefore, the plaintiff is not obliged to pay the defendant the lending fee exceeding the above amount.

B. Defendant 2,450,00 won (i.e., KRW 98,000 x 25 days) was destroyed by the fronter of the damaged vehicle due to the instant accident, and the 25-day rental and lease period of the damaged vehicle is appropriate in consideration of the period and repair period of the damaged vehicle, which is the imported vehicle.

3...

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