(영문) 서울중앙지방법원 2015.07.16 2015가단5006305

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(영문) 서울중앙지방법원 2015.07.16 2015가단5006305

손해배상(자)

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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 19,600,000,000 against the Defendant (Counterclaim Plaintiff).

Reasons

1. On October 8, 2014, around 20:41 on fact-finding, A car, an insured vehicle of the Plaintiff, was involved in a traffic accident involving B ASEAN-D-8 driver’s care, leading up to the left-hand side of the back-hand part of the driver’s license in the vicinity of the new distribution base in Seocho-gu Seoul Seocho-gu, Seoul.

B A car, which is a damaged vehicle, has been repaired to exchange the backer, and 16 days have been contracted by the 11th day including the period for the procurement of parts, until the repair and delivery.

The owner of the damaged vehicle C used the car for 14 days from the defendant during the repair period.

(First of all, the car was leased by the Defendant after being leased to the Defendant for the car of the same kind and was leased by the Defendant.) According to the car insurance common terms and conditions, if it is necessary to use the car in lieu of another vehicle during the period when the non-business automobile is damaged or damaged and is not in operation, the rent shall be paid within the limit of 30 days until the repair is completed.

According to the rental car service contract entered into between the Plaintiff and the Defendant, if the victim files an application for rental rental car service, the rental fee shall be 70% of the KTF Twren Aircraft car rate, and the Defendant shall claim to the Plaintiff at a rate below the same type of vehicle, and the rental period shall be 30 days.

However, there is no charge in the KT Twren kren knife schedule, and the highest charge is KRW 720,000 per day when the loan was made for at least seven days with benz S500 4ma.

The defendant's fee table is the 2,000,000 won per day when the rhyd rhyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd h.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, and 4 evidence 1, 2, Gap evidence 6, Eul evidence 1 to 5, the purport of the whole pleadings

2. It is not possible to require the owner of the damaged vehicle to undertake restoration repair instead of exchange.

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