(영문) 수원지방법원 2018.01.31 2017나54623

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(영문) 수원지방법원 2018.01.31 2017나54623

손해배상(자)

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. After having access to the Defendant’s ID and passwords to the Plaintiff’s Internet homepage, the lessee, the Defendant, the vehicle model, and the Plaintiff’s name (hereinafter “instant vehicle”), the Geumcheon-gu Seoul Metropolitan Government D (E Station No. 5), the place of receipt, and the lease period from September 19:50 to September 6, 2015 (hereinafter “instant contract”) entered into an electronic contract by means of electronic signature.

At the time of the above contract, the payment of the rental cost was revoked with the credit card in the name of the defendant.

B. Since then, around 08:00 on September 6, 2015, while driving the instant vehicle, B caused an accident to conceal the rear of the instant vehicle in the vicinity of the gambling tunnel located in Bupyeong-si, and due to this, KRW 4,373,590 was incurred in repairing the instant vehicle.

C. According to the articles of incorporation and the contract of this case of the Plaintiff Company, the parties to the contract shall not engage in any act other than the driver under the lease contract, or a non-licensed driver, and if they violate this, they shall pay the amount of personal news (100,000 won). In the event of causing damages to the Plaintiff or a third party due to such violation, the party shall be liable to compensate for the damages and shall compensate for the business damage during the repair period (50% of the standard rental fee) in addition to the repair cost in case of repair due to an accident attributable to the cause attributable to the parties to the contract.

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

2. The assertion and judgment

A. The plaintiff's assertion that the defendant had a co-defendant B of the first instance trial, not a driver stipulated in the contract of this case, drive the instant vehicle, and caused the instant accident in the course of the accident, and thus, the plaintiff is liable to compensate the damage (repair cost, rest compensation fee, page, and siren cost) to the plaintiff.

(b).

유사 판례

-대전지방법원홍성지원 2015.11.04 2014가단7360

-서울중앙지방법원 2016.12.09 2014가단5309700

-서울중앙지방법원 2014.02.19 2012가합9046

-수원지방법원 성남지원 2018.10.12 2017가단213011

-수원지방법원 2014.09.18 2013나35730