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(영문) 대전지방법원 2017.10.19 2017가단169
청구이의
Text

1. Compulsory execution based on the payment order in the service cost case against the defendant against the plaintiff by the Daejeon District Court 2016 tea5986.

Reasons

Facts of recognition

On March 22, 2016, the Plaintiff entered into a lease agreement with the Defendant on the terms of the rent of KRW 550,000 per month and the lease period from March 22, 2016 to April 21, 2016 (the subsequent lease period was extended from November 21, 2016 to November 21, 2016) (hereinafter “instant contract”), and received the instant automobile from the Defendant.

Of the standard terms and conditions for automobile rental contained in the instant contract, the following matters are applicable to this case.

Article 15 (Obligation to Conduct Regular Inspections, etc.) A company shall lend sirens that conduct daily inspections and regular inspections and maintenance under Article 36 of the Automobile Management Act.

Article 16 (Lessee's Duty) The lessee shall conduct a daily inspection on the rental rental car during the lease period before starting the use thereof.

Article 17 (Lessee's Duty to Manage) (1) The lessee shall use and keep sirens with the duty of due care as a good manager.

(2) The responsibility for management under the preceding paragraph shall terminate at the time of return to the company at the time of receipt by a siren.

Article 23 (Measures Taken by Lessee, etc.) (1) If a lessee finds a siren or malfunction during the lease period, he/she shall immediately suspend his/her driving and contact the company and comply with the instructions of the company.

(2) A lessee shall bear the expenses incurred in taking over and repairing sirens, where at least a siren or a breakdown is caused intentionally or negligently by the lessee.

On June 16, 2016, the Plaintiff, while driving the instant vehicle and driving the instant vehicle along the roads near the rest area of the D Rest located in Chungcheongnam-gun, Chungcheongnam-gun, the engine was overheated due to the lack of cooling water, resulting in an accident of sudden suspension of the instant vehicle (hereinafter “instant accident”).

Accordingly, the defendant recovered the automobile of this case from the plaintiff on the same day.

The defendant on August 24, 2016.

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