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(영문) 대구지방법원 2021.01.06 2020나310775
렌트카 수리비및 휴차료
Text

Of the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid below is revoked, and that part is revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company running automobile siren business, etc.

B. The Defendant: (a) lent one motor vehicle from the Plaintiff to the Plaintiff on September 30, 2019 from September 18:0 to October 2, 2019; and (b) determined the amount of the usage as KRW 1.30,00 (=65,000 x 2 days).

(c)

After all, while the defendant was moving to the above vehicle, there was an accident that happens that the back spread, etc. is damaged due to the collision with the US objects.

[Ground of recognition] Unsatisfy, Gap 2 and 7 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant should pay to the plaintiff the sum of KRW 4,463,176 (and damages for delay) as follows:

- Vehicle repair costs of KRW 1,834,776 - 2,578,400 for the rest during the repair period (=2,578,400 for one day’s recess x 11 day) - Amount of KRW 50,000 for the unpaid siren (the Defendant paid KRW 80,000 out of the agreed siren 130,000) - Total of KRW 4,463,176

B. (1) According to the evidence revealed earlier, the amount of KRW 1,834,776 at the repair cost of the above vehicle can be acknowledged.

In this regard, the defendant asserts to the effect that he will bear 50,000 won of his own shares.

In full view of the purport of the argument in the whole of the evidence presented above, the foregoing vehicle lease agreement (Evidence A 2) is accompanied by the same letter, but the vehicle insurance is not covered by the comprehensive insurance (personal, personal, and personal, personal, and personal).

(In the event of an accident, the sub-repair is bound to assume the responsibility of the lessee)

Although it is described as "," it may be recognized that the term "self-admission, exemption from liability, 50 to 20 million only," and that the plaintiff requested exemption from liability to the defendant after the accident.

In light of these facts, it is reasonable to view that the above vehicle lease agreement included an agreement by the Defendant, the lessee, to bear the exemption in lieu of the actual repair cost.

In addition, the exemption amount to be borne by the defendant is KRW 50,000,000, which is the lowest limit of the exemption amount under the above agreement.

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