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1. The Defendants jointly share KRW 14,875,00 with respect to the Plaintiff and KRW 5% per annum from April 18, 2014 to April 16, 2015.
Reasons
1. Facts of recognition;
A. On October 12, 2013, Defendant A entered into a car rental agreement (hereinafter “instant rental agreement”) with the Plaintiff, a company mainly engaged in automobile rental, which sets the Plaintiff’s Cenz CSts ls63AMG car (hereinafter “instant vehicle”) as KRW 297,500 per day rental fee and sets the car rental fee of KRW 297,500 for six days until October 18, 2013, and received delivery from the Plaintiff on the same day.
B. At the time of the instant lease agreement, Defendant A agreed not to drive a vehicle to a person other than Defendant A, who is a driver under the instant lease agreement, and agreed to compensate the Plaintiff for the loss incurred by the Plaintiff in violation of the agreement (Articles 15 and 16 of the Automobile Lease Agreement and the Automobile Standard Terms and Conditions). Meanwhile, in the event of the loss incurred to the instant vehicle during the lease period, Defendant A presented objective calculation data regarding the operating loss incurred by the Plaintiff’s failure to operate the vehicle during the repair period (50% of the daily rental fee if the company fails to present objective calculation data, taking into account the rental fee, etc. of the same kind of vehicle).
(Article 19)(c) of the Automobile Lease Contract, the Automobile Standard Terms and Conditions
Defendant A, around 04:36 on October 25, 2013, had Defendant B drive the instant vehicle in front of her assistant seat. Defendant A, while driving the four-lanes of the 862-1 shooting distance, which is the four-lanes of the 862-1 shooting distance in Yeongdeungpo-gu, Seoul Special Metropolitan City, using a red signal, was straighted without stopping even if the signal was changed to a red signal, resulting in a traffic accident that conflicts with the front part of the damaged vehicle, which was straighted in the direction of the salarycheon-distance distance on the right side of the instant vehicle (hereinafter “instant traffic accident”), and the said accident caused a serious damage to the instant vehicle.
On October 25, 2013, the Plaintiff was to repair the instant vehicle.