beta
Text
1. Revocation of the first instance judgment.
2. From November 27, 2015 to April 8, 2016, the Defendant paid KRW 799,600 to the Plaintiff as well as to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into an insurance contract with B between the insured, the subject vehicles CM72.3 automobiles, the insurance period from May 19, 2015 to May 19, 2016, with the insurance amount of KRW 8,590,000.
B. The Defendant is running a business of leasing a vehicle by leasing an automatic rent from a multi-cubic damage Korea Co., Ltd. while operating the E-PS station in Seo-gu Incheon, Seo-gu.
C. On November 12, 2015, B requested the Defendant to set the above FF car car car car at the above EM station. While the vehicle was set at the above EM set, the IM for the said car was omitted and the said IM for the car was damaged in front of the Bows and the front of the said car.
On November 26, 2015, the Plaintiff paid KRW 799,600 for the repair cost due to damage to the said passenger car.
[Reasons for Recognition] Evidence Nos. 1 through 5, Evidence Nos. 1 and 2, the purport of the whole pleadings
2. The legal relationship requesting a judgment is related to a contract for the purpose of completing the rent work (see Supreme Court Decision 76Da517, Oct. 26, 1976). The lessor is obligated to take over the object vehicle and complete the rent work and to deliver the object vehicle to the lessor (in this case, the lessor is not at the driver’s seat during the rent work but at the time of the vehicle, and the vehicle's movement is completed after entering the vehicle, and the vehicle is taken over by the lessor, so it is reasonable to deem that the vehicle has taken over the vehicle from the date of taking over the vehicle for the rent work to the date of delivery of the vehicle to the lessor, and if the vehicle is damaged by neglecting the duty to protect the vehicle in accordance with the good faith principle to prevent the theft or damage, etc. of the object vehicle, and if it causes property damage to the object vehicle by neglecting this.