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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. Judgment on the plaintiff's assertion
A. From February 29, 2012 to March 31, 2015, the Plaintiff asserted that the Plaintiff lent a siren to the victims who were destroyed by the Defendant’s insured vehicle with 16 times. Since the Defendant paid only KRW 6,61,600 out of the Plaintiff’s claim amount of KRW 7,95,550,550, the Plaintiff paid only KRW 6,661,600. As such, the Plaintiff claimed payment of the Plaintiff’s loan expense (i.e., KRW 1,293,950 (i.e., KRW 7,95,55,50 - KRW 6,61,600) and damages for delay.
(b) In a case where, for the reason that the victim was unable to use his/her motor vehicle for a certain period of time due to the damage caused by an accident, the costs of borrowing and lending another motor vehicle of the same class and class for the same period of time are claimed against the perpetrator or insurer as damages or insurance money, the lending and borrowing of the motor vehicle in question should be necessary, and the amount of the lending and borrowing costs
In addition, if there is a dispute between the parties on the necessity of lending and borrowing and the reasonableness of the amount of lending expenses, the burden of proving the assertion is the victim who borrowed the vehicle.
(1) The payment standard of the vehicle rental fee due to an accident of a motor vehicle pertains to the scope of compensation for damage caused by a tort. As such, the vehicle rental fee stipulated in the vehicle rental agreement concluded between a car rental business entity and the victim can only be considered and cannot be considered as an absolute basis for payment. Therefore, it is difficult to readily conclude that the vehicle rental fee claimed by the Plaintiff is reasonable solely on the basis of the statement of self-driving fee (No. 1-1), and ② In the case of a car rental damage caused by a vehicle accident by a defendant or its victims during the period in which they cannot use their own motor vehicles due to a traffic accident, the scope of compensation for damages is limited to the damaged vehicle.