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(영문) 춘천지방법원 강릉지원 2018.08.22 2018가단30180
손해배상(기)
Text

1. The part of the claim against the defendant C in the lawsuit of this case shall be dismissed.

2. The plaintiff's defendant B Co., Ltd.

Reasons

1. Basic facts

A. On June 12, 2017, the Plaintiff, including F, G, H, I, and J (hereinafter “instant vehicle”) from Defendant B on a long-term lease of 6 vehicles from Defendant B, and paid 4,562,00 each deposit to Defendant B for three of the six vehicles.

(2) Article 34(1) of the Passenger Transport Service Act (hereinafter “the Passenger Transport Service Act”) provides that “The term and conditions attached to the instant car rental agreement shall be one of the prohibited acts (hereinafter “the instant car rental agreement”). One of the prohibited acts provides that “the act of using the automobile for oil transport or re-building use” (7. prohibited acts), and “the automobile damage caused by the prohibited act as referred to in the above 7” shall be borne in full by the lessee (non-liability of lessee), and the Plaintiff signed the terms and conditions on the side of each of the pertinent terms and conditions.” In addition, Article 34(1) of the Passenger Transport Service Act (hereinafter “the Passenger Transport Service Act”) provides that “a person who rents a car of a car rental business entity for business use shall not use the automobile for transportation with compensation or sub-lease it to another person, and no person shall arrange for this.” (c) The Plaintiff used the said vehicle as a so-called “traffic vehicle” transporting the substitute driver from the office to the destination and destination.

On September 10, 2017, K used to drive the instant vehicle on September 10, 2017, and returned to the office where a substitute driver L is aboard.

The "accident" in which L, who was accompanied by the building columns due to the driver's negligence, died.

E) Defendant B terminated the instant automobile rental agreement on the grounds that the Plaintiff used the leased vehicle for commercial transport on November 23, 2017 after the instant accident occurred, and received all the said vehicle returned around November 29, 2017. (In the absence of any dispute over the grounds for recognition, A2 through 4, 6, 9, and 9.)

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