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1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is a stock company operating the automobile rental business, etc., and the Defendant is an insurance company of the sea-going vehicle with the duty to compensate for the damage of the CenzS50 vehicles (hereinafter “victim”).
B. D Lending and borrowing a vehicle from August 23, 2017 to September 22, 2017 (hereinafter “instant leased vehicle”) to the Plaintiff from around 20:35 to September 22, 2017.
C. On September 26, 2017, the Plaintiff returned the said vehicle from D, and thereafter on September 26, 2017, filed a claim against the Defendant for user fee of KRW 9,771,06 [Article 464,00 x 38,666 x 70%], but the Defendant paid KRW 7,80,000 to the Plaintiff on October 20, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 3, the purport of the whole pleadings
2. The assertion and judgment
A. A. The summary of the Plaintiff’s assertion 1) The Defendant is justifiable to claim for the payment of KRW 9,771,066, which is calculated at a 30% discount from the standard rate of KRW 1,971,06,06, based on the Plaintiff’s alleged vehicle and E Q90c vehicles of the same grade as the Plaintiff’s domestic vehicles. As such, the Defendant shall pay the Plaintiff the unpaid fee of KRW 1,971,06 (i.e., KRW 9,771,066 - KRW 7,800,000) and the delay damages therefor. (ii) The Defendant alleged that the Defendant paid the Plaintiff the Plaintiff KRW 40,00,00 calculated by applying the discount rate of KRW 35,00 per day calculated based on the damaged vehicle and the engine displacement 463cc vehicles of the same grade. It is reasonable to calculate the above lending and borrowing costs.
In addition, the repairing time of damaged vehicles is only 38.9 hours, and it is too unfair for the lending period of 30 days, so the request of the plaintiff cannot be complied with.
(b) The costs of borrowing and lending the same kind of motor vehicles for a certain period for the reason that the victim could not use the motor vehicle due to the damage caused by an accident shall be the offender or the insurer as damages or insurance.