1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act

2. Judgment on the parties’ assertion

A. Party’s assertion 1) Insured vehicles in the vehicle number column listed in the Plaintiff’s Schedule (hereinafter “insured vehicles”).

2) According to the Defendant Company’s car accident, the instant deposited money paid by the Plaintiff to the Defendant Company by leasing a vehicle from the Defendant to the Defendant Company exceeds the ordinary fare available for a large vehicle leasing business with a nationwide business network, so there is no vehicle leasing fee to be paid to the Defendant Company more. (2) Although the Defendant Company set the instant claim amount at a discount of 20% from the vehicle leasing fee notified by the Defendant Company, the Plaintiff unilaterally paid to the Defendant Company the amount reduced by approximately 20% from the said amount.

The vehicle rental fee claimed by the Defendant Company to the Plaintiff is an “justifiable rate” that cannot be deemed as excessive charges exceeding ordinary fees. Therefore, the Plaintiff is obliged to pay the difference between the claim amount of this case against the insured vehicle and the deposited amount of this case to the Defendant Company.

B. 1) In a lawsuit seeking confirmation of the existence of a pecuniary obligation, where the Plaintiff, who is the debtor, claims in advance to deny the fact of the occurrence of the obligation by specifying the fact of the occurrence of the obligation, the Defendant, the creditor, bears the burden of proving the fact of the requirement of the right relationship (see, e.g., Supreme Court Decision 97Da45259, Mar. 13, 1998). Meanwhile, in a case where the victim claims against the perpetrator or the insurer for the cost of borrowing and lending another motor vehicle of the same class and class for the said period on the ground that the victim was unable to use the motor vehicle for a certain period of time