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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. The Plaintiff is a company running automobile rental business, etc., and the Defendant concluded a comprehensive automobile insurance contract with A with respect to Benz E220 vehicles (hereinafter “instant accident vehicle”), and A received the instant accident vehicle with the receipt number C.
B. On February 27, 2017 with respect to the instant accident, the Plaintiff entered into a vehicle lease agreement (hereinafter “instant vehicle lease agreement”) with the terms that: (a) from February 27, 2017 to March 4, 2017, the rental fee of KRW 794,500 (i.e., charge of KRW 227,00 to 2.4 fee x 5 days x 70%) to lease the D E E200 to abrilee vehicle (hereinafter “instant leased vehicle”); and (b) during the said period, A used the instant leased vehicle.
C. Terms and conditions applicable to the automobile comprehensive insurance contract concerning the instant accident vehicle are as follows.
3. Loan charges;
(a) Where it is necessary to use the relevant idle motor vehicle (including construction machinery) on behalf of another motor vehicle for the period during which it cannot be operated because it is destroyed or damaged;
(b)In the case of lending and borrowing (a) in accordance with the Passenger Transport Service Act, the ordinary charges (the reasonable market price required when a consumer borrows a motor vehicle from a rent-a-car operator in a car rental market) used to borrow the lowest charges among rental motor vehicles of the same class (a) in exchange for borrowing only motor vehicles from a rent-a-car operator registered in accordance with the Passenger Transport Service Act;
On June 28, 2017, the Plaintiff acquired the insurance claim equivalent to the rent of the instant vehicle from A, and the amendment on July 11, 2017, stating the fact that the said claim was acquired, was served on the Defendant on July 25, 2017.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 3, the purport of the whole pleadings
2. Determination:
A. According to the above facts of recognition, the defendant.