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1. The Plaintiff’s obligation to pay the repair and rent of B vehicles to the Defendant shall not exceed KRW 13,427,940.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into a comprehensive insurance contract for commercial vehicles with respect to C (hereinafter “Plaintiff”) and the Defendant, as the owner of the Defendant’s vehicle (fluordo), entered into a financial lease agreement with the Intervenor (hereinafter “ Intervenor”) on September 4, 2015. The Intervenor is a person who occupies and uses the Defendant vehicle in accordance with the said financial lease agreement.
B. Around 06:00 on October 3, 2015, the user of the Plaintiff’s vehicle: (a) left the Defendant’s vehicle that was parked as the Plaintiff’s vehicle due to the failure to take care of the Plaintiff’s vehicle while driving the vehicle in front of the front and the mistake of steering equipment operation; and (b) there was an accident in which the front part of the left part of the Defendant’s vehicle was flabed.
C. After the instant accident, the Intervenor requested repair of the Defendant’s vehicle to take 10,103,940 won as repair costs. During the repair period of the Defendant’s vehicle from October 14, 2015 to October 31, 2015, the Intervenor used the 26,520,000 roller vehicle from another stock company (hereinafter “astren vehicle”) to borrow and operate the strawer vehicle from 26,520,00 won. From October 31, 2015 to November 13, 2015, the Intervenor leased F12 Vene 24,16,800 won to 24,16,800 won.
[Reasons for Recognition] Gap's 1 to 4, Eul's 1 to 5, the purpose of the whole pleading
2. The assertion and judgment
A. According to the terms and conditions of insurance, the Plaintiff’s cause of the Plaintiff’s claim is only the Defendant’s liability of KRW 5,300,000, totaling of KRW 2,500,000 and the estimated repair period of KRW 2,800,00 (i.e., the rental fee of KRW 2,000,000 x 20% x 70%) based on the repair cost of the Defendant’s vehicle in connection with the instant accident (i.e., the Defendant demanded excessive compensation, and thus, the Defendant does not have an obligation to pay insurance proceeds exceeding the above amount.
B. Determination 1.