1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

1. Facts of recognition;

A. On June 20, 2013, the Plaintiff entered into a car rental agreement with the Defendant on the D vehicle owned by the Plaintiff (hereinafter “instant vehicle”), and around that time, delivered the instant vehicle to the Defendant.

The main contents of the above automobile rental contract are as follows:

The lease period: from July 11, 2013 to July 10, 2017: 486,00 won per month, and penalty for early cancellation on the 25th day of each month: The remainder rental fee (=monthly rental fee 】 remaining period): The land rental fee refunded for early cancellation: One-day rental fee (=day rental fee / 30 days per month) 】 the number of days elapsed 】 the exemption from self-payment of KRW 300,000 per one accident 】 The exemption from self-payment of KRW 300,000 per one accident, but the exemption from the loss of the instant vehicle due to the loss of some parts of the vehicle, such as car audio or others.

B. From July 2013, the Defendant continued to delay the payment of rent. Accordingly, the Plaintiff terminated the said car rental contract on the grounds of unpaid rent on November 13, 2013. At the time of termination, the Defendant’s unpaid rent amounting to KRW 1,92,60 and the penalty for early termination is KRW 5,818,745.

C. On May 2018, Bupyeong-si notified the Plaintiff that the instant vehicle was parked for a long time in the relevant parking lot in Bupyeong-si, and on May 29, 2018, the Plaintiff recovered the instant vehicle from the said parking lot in the said park.

At the time of recovery, vehicle damage exceeding 300,000 won was found in the front and rear pans of the instant vehicle. The Plaintiff failed to receive a key from the Defendant, thereby replacing the key stuff of the instant vehicle with the cost of KRW 267,080.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1, 2, 5, and 8, and the purport of the whole pleadings

2. Determination as to the cause of action

A. Since the above car rental contract was terminated due to the defendant's reasons attributable to the plaintiff's assertion, the defendant shall be unpaid to the plaintiff.