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(영문) 수원지방법원 2017.01.26 2016나8197
수리비 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff (the Plaintiff) is a company whose primary business is to lend a vehicle to an individual or a corporation and to receive rental fees.

B. On June 15, 2015, the Defendant concluded a short-term vehicle lease agreement with the Plaintiff and BK3 (hereinafter “instant vehicle”) to lend the instant vehicle for KRW 234,000 from June 15, 2015 to the 18th day of the same month.

C. On June 18, 2015, in the course of operating the instant vehicle leased as above, the Defendant: (a) caused an accident that stops while operating the instant vehicle on the wind of the instant vehicle, which is a diesel vehicle, while oiling in the instant vehicle directly at an accelerator.

The Plaintiff notified the Defendant of the instant mixed high school, thereby repairing the instant vehicle into KRW 43,340, repair cost, KRW 2,117,900, repair process, repair process, and KRW 97,160,00, the oil supply cost of the instant vehicle after repair.

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

2. Judgment on the merits

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff KRW 2,258,40 (= KRW 43,340, KRW 2,117,900) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from November 17, 2015 to the date of full payment, as the Plaintiff seeks.

B. As to the Defendant’s assertion, the Defendant did not receive notice that the instant vehicle was transited at the time of concluding a short-term lease agreement on the instant vehicle. ② The instant vehicle repair cost is excessive due to the instant mixed vehicle, and ③ the Defendant is the instant vehicle.

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