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1. Revocation of a judgment of the first instance;
2. The Defendant: (a) KRW 12,00,000 for the Plaintiff and its related expenses from August 19, 2015 to September 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to B vehicles (hereinafter “Plaintiff vehicles”), and the Defendant is a person who has entered into an automobile lease contract with C (hereinafter “Defendant vehicle”) with respect to the vehicle (hereinafter “Defendant vehicle”).
B. On March 5, 2015, Nonparty D, the driver of the Plaintiff’s vehicle, stopped the Plaintiff’s vehicle on the front of the “F” road located in Gangnam-gu Seoul, Gangnam-gu, and opened the door of the driver’s seat. Nonparty D, the left side of the Defendant’s upper right side of the Plaintiff’s vehicle, which was passed on the left side of the Plaintiff’s vehicle.
(hereinafter referred to as “instant accident”). C.
G, on the date of the instant accident, on the day of the instant accident, entered into a car rental agreement with the Kawa Holdings Co., Ltd. (hereinafter referred to as the “CBS”) and H vehicles (hereinafter referred to as “loaning vehicles”), and the Plaintiff guaranteed the obligation to pay rental expenses to G Kawa Holdings. G operated on the same day for nine days after delivery of borrowed vehicles on the same day, and returned the borrowed vehicles to the Kawa Holdings on March 14, 2015.
On March 13, 2015, the Plaintiff agreed to the effect that “the Plaintiff shall pay KRW 55 million to the Defendant for all expenses incurred in relation to vehicle repair expenses, indirect damage, and legal liability (including all expenses incurred in relation to sirens used) arising from the instant accident” (hereinafter “instant agreement”) and paid KRW 55 million to the Defendant on March 16, 2015.
E. On March 16, 2015, the Defendant transferred KRW 39 million to G through his spouse’s account for repair costs and sirens. However, G did not pay the rental car rental fee to Kawa Holdings. As such, the Plaintiff who guaranteed payment to Kawa Holdings on August 18, 2015 did not pay the rental car rental fee.