1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. Around 21:05 on October 13, 2014, D, which entered into a mutual aid agreement with the Plaintiff, driven the said vehicle on the street in front of C in the Gunsan-si B, and caused an accident that caused the Defendant’s F vehicle (K5; hereinafter “instant vehicle”) by violating the signal (hereinafter “instant accident”).

B. On October 14, 2014, the following day of the accident, the Defendant: (a) entered the instant vehicle into the Motor Vehicle Utility Service Center at the time of the previous owner; (b) left the said vehicle to repair; and (c) left the instant vehicle after the repair was completed on November 17, 2014; and (d) used the vehicle similar to the instant vehicle from the rental car company during the said period.

C. The Defendant demanded that the Plaintiff pay KRW 2,688,00,000 directly to the Plaintiff or to pay it to the rental car company for 30 days out of the price for using rental cars during the above period.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1, the purport of whole pleadings

2. Determination on the claim of this case

A. In light of the degree of damage of the Plaintiff’s alleged vehicle, the repair period is sufficient if one day is sufficient. Therefore, there is no obligation for the Plaintiff to pay to the Defendant with respect to the rent other than the rental fee of KRW 100,800 per day.

(b) In the event that the victim becomes unable to use a motor vehicle for a certain period of time due to the damage caused by an accident, and the cost of borrowing and lending another motor vehicle of the same class and class is claimed against the perpetrator or insurer as damages or insurance money, not only should the borrowing and lending of the motor vehicle in question be necessary, but also the amount of the borrowing and lending cost should also be reasonable.

In addition, if there is a dispute between the parties on the necessity of lending and borrowing and the reasonableness of the amount of lending expenses, the burden of assertion and certification is the victim who borrowed the vehicle.