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Reasons
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(영문) 서울동부지방법원 2016.01.15 2014가단53593
차량수리비
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 16, 2011, the Defendant: (a) determined and leased BMW 750Li F02(2010 formula) vehicles No. B (hereinafter “instant vehicle”) from a social service Korea Co., Ltd. as of December 16, 201 to KRW 48 months of contract; (b) vehicle price of KRW 85 million; and (c) monthly rent of KRW 2,452,238.

(hereinafter “instant lease agreement”). B.

C As the Defendant’s seat, the instant motor vehicle was severely damaged while driving the instant motor vehicle. On October 9, 2012, C requested the Plaintiff to repair the instant motor vehicle. At the time, the Plaintiff issued a written estimate for the repair cost of KRW 63,493,902 to C.

C. On May 2013, the Plaintiff filed a claim for the repair cost with C after completing the said repair, but C did not pay the said repair cost. As such, C contacted the Defendant, who is the lessee of the instant vehicle.

Since then, around February 3, 2014, C and the Defendant found the Plaintiff as a matter of repair cost, and C and the Plaintiff drafted a “Agreement on Motor Vehicle of Accident” to the effect that “C will pay 46 million won to the Plaintiff as the repair cost of the instant motor vehicle by March 31, 2014” (hereinafter “instant Agreement”).

(Ground for recognition: Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 4-1 through 3, the purport of the whole pleadings.

2. The parties' assertion and judgment

A. At the time of the preparation of the instant agreement on February 3, 2014, the Defendant also appeared in company with C, and expressed his intent to “to promptly resolve the problem of the repair price of the instant vehicle.” On the same day, the test on the instant vehicle was directly conducted until the date. In the end, the agreement was concluded between the Plaintiff and the Defendant that the Defendant should pay the Plaintiff KRW 46 million as the repair price for the instant vehicle. Therefore, the Defendant is obligated to pay the said agreed amount and damages for delay to the Plaintiff.

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