1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Basic facts

A. On December 11, 2013, the Plaintiff entered into a lease agreement and paid a security deposit with the Defendant, with respect to a ready-mixed car (hereinafter “instant automobile”) within the scope of AUDI Q52.0, as follows, according to the terms and conditions established in advance by the Defendant, and paid a security deposit around that time.

69,142,530 lease deposit KRW 20,743,000, monthly rent of KRW 1-35,578,600 for 36 months from the date of issuance of the certificate of acceptance of the vehicle, and KRW 1,615,021 for 36 months from the date of issuance of the certificate of acceptance of the vehicle.

B. On December 15, 2014, the Plaintiff’s employee B was killed by another vehicle while driving the instant vehicle.

On January 6, 2015, Dong Fire & Marine Insurance Co., Ltd., an insurance company of all the accident vehicles, paid KRW 42,500,000 insurance money equivalent to the value of the instant vehicle to the Defendant.

C. On January 13, 2015, the Defendant paid KRW 3,320,051 to the Plaintiff after deducting damages, etc. under the terms and conditions of the said deposit from the damages, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 12, purport of the whole pleadings

2. Since there is no dispute between the parties regarding the termination of the pertinent lease contract as to the cause of the claim, the Defendant is obligated to return the balance of the deposit and damages for delay, excluding KRW 800,000, the provisional payment of which is made by the Plaintiff, the administrative fine of KRW 300,000, the person who received reimbursement, and KRW 3,320,051, the person who received reimbursement, to the Plaintiff,

3. The defendant's assertion is asserted that the following amount should be deducted from the deposit, and the defendant's argument is examined in turn.

A. According to the terms and conditions of this case asserted by the Defendant of KRW 11,522,478 (1) out of the stipulated damages, the Plaintiff bears the risk of all accidents, such as loss during the lease period of the instant passenger vehicle. Therefore, even if a motor vehicle was destroyed without the Plaintiff’s negligence, it is out of the lease fee.