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1. The Defendant: (a) KRW 18,500,000 for the Plaintiff and KRW 20% per annum from May 30, 2014 to September 30, 2015; and (b) the Plaintiff.
Reasons
1. The Plaintiff is an individual entrepreneur engaged in the business of selling, repairing, and lending two-wheeled automobiles with the trade name of “C,” and the Defendant, on May 8, 2014, leased CBR 100R (D, hereinafter the instant wheels) from the Plaintiff (hereinafter “instant contract”) and operated it on May 8, 2014, and caused a traffic accident at the right-to-door location from the direct mountain distance in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Incheon (hereinafter “instant contract”), thereby damaging the instant two-wheeled motor vehicle.
[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading
2. The assertion and judgment
A. The plaintiff alleged that the market price at the time of the accident of the instant wheels is KRW 1,500 to KRW 16 million, the expected repair cost is KRW 19,98,7,900, and the expected repair cost is ten days. Since the repair cost exceeds the market price, it is limited to positive damages (repair cost) within the limit of KRW 16,00,00, and if the daily rental cost is calculated for ten days, the total amount of KRW 2,50,000 shall be paid for KRW 18,50,00,000, as it is calculated for ten days, the result of appraisal shall be reduced to include the portion without proximate causal relation, and if the amount of rental cost for the repair period is paid from the insurance company, it shall also be deducted, and if the compensation is made for the amount equivalent to the exchange value of the instant wheels, the above compensation shall be delivered to the defendant.
B. Determination 1) According to the appraisal report submitted as a result of the appraisal commission for appraiser E (F), the market price at the time of the accident shows to be above KRW 1500 to KRW 16 million, and the repair cost is to be up to KRW 19,987,900 in total. However, according to the results of the fact inquiry about appraiser E (F), the repair cost is to be 875,000 won or reusable, but there is a possibility that there is an aesthetic obstacle. Thus, this part is excluded from this part, and the correction is to be made to the extent of 50% of the repair cost.