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(영문) 서울남부지방법원 2019.08.22 2018나55768
손해배상(기)
Text

1. The decision of the first instance court shall be modified according to the reduction of the plaintiff's claims in the trial as follows.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that engages in automobile rental business, etc. as its intended business.

B. On October 12, 2016, the Plaintiff concluded a vehicle rental contract (hereinafter “instant contract”) with the Defendant on a fixed period of KRW 1 month from October 12, 2016 to November 11, 2016, and KRW 504,900 (the amount calculated as value-added tax of KRW 459,000, the Defendant paid the said amount in advance) with respect to the instant vehicle (hereinafter “instant contract”).

In the instant contract, when wishing to extend the contract, contact must be made to the Plaintiff by no later than seven days prior to the expiration of the contract, and if the extended loan is settled after the approval of the Plaintiff, it is stated that the extension contract shall be concluded and that no further contact shall be extended unless there is any separate contact.

C. The Defendant avoided the Plaintiff’s contact without expressing his intent to extend the contract after the expiration of the contract term of this case, and did not return the instant vehicle.

On January 31, 2017, the Defendant, while smoking tobacco within the instant vehicle, sold the instant vehicle by causing a fire.

E. On March 23, 2017, the Defendant repaid KRW 500,000 to the Plaintiff as part of the damages.

F. On March 2019, the average market price of the vehicle K5 of the year 201 K5 (WPG 2000C, LPG) identified at the medium and medium-sized trading site is KRW 6,850,000.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4, 5, 11, the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant, which caused the Plaintiff’s claim, continued to use the instant vehicle even after the termination of the contract period of the instant vehicle, was 1,305,867 won, including the sum of KRW 1,187,152 and value-added tax 118,715 won for the 20-month rental fee, and ② the sum of KRW 6,040,000 for the remaining value of the instant vehicle at the time of the transfer of the instant vehicle at KRW 7,345,867.

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