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1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the amount ordered below.
Reasons
1. Basic facts
A. The Plaintiff is a stock company operating a two-wheeled vehicle leasing business, etc., and the Defendant is a mutual aid business entity that has entered into a mutual aid agreement with Asi (hereinafter “Defendant taxi”).
B. On October 20, 2012, B around 17:36, when driving Defendant taxi and driving the two-lane and the three-lanes of the three-lanes of the road in the city of Seocheon-si, Seocheon-si, Seocheon-si, the front side of the road in the city of Do party branch office in the Do party park. On the right side of the Do party park, passengers were discovered to wait for a taxi to the right side of the Do party branch office in order to find out the passengers waiting for a taxi from the Do party branch office in the Do party park, and when he changed the course to the right side of the three-lane road to the other side of the Do party branch office in order to take aboard the passengers, the accident occurred (hereinafter “the accident in this case”).
C. In the instant accident, the Plaintiff’s Franc and Franc were destroyed by the fences, etc., and C received loans from the Plaintiff from the Plaintiff on October 24, 2012 to November 23, 2012, from the Plaintiff, for a period of thirty (30) days, from the Plaintiff to November 23, 2012, YMAHA TX 500 Oba (hereinafter “instant lending and borrowing”) and transferred all rights to receive insurance money equivalent to the lending and borrowing fee to the Plaintiff. On February 17, 2014, C notified the Defendant of the said assignment of claims.
Plaintiff
On November 14, 2012, E, a repair business entity of Oral Ba, completed the repair of Oral Ba and claimed the Defendant for KRW 16,650,000 for the repair cost of the Plaintiff Oral Ba. On November 29, 2012, the Defendant paid KRW 7,600,000 for parts and repair cost equivalent to 80% of the negligence ratio of Defendant Oral si as insurance proceeds.
E. Meanwhile, the lending fee of the kind of the instrument identical to the Plaintiff Oralb is KRW 281,600 per day, and the lending fee of the instant lending and borrowing fee of the Plaintiff Oralb is KRW 140,800 per day.
[Reasons for Recognition] There is no dispute;