beta
Text
1. The Defendant’s KRW 83,187,918 and KRW 33,187,918 among the Plaintiff and its KRW 50,00,000 from August 22, 2012.
Reasons
Facts of recognition
On February 28, 2012, the Plaintiff leased each of the upper and lower vehicles (standard 150P, GaEch), lower parts (standard 200P, and GaEch) to the Defendant without setting the rent and the term of lease.
While the Defendant leased and used the instant vehicle as above, there was an accident that caused damage to the instant vehicle due to the cateral uniform on March 27, 2012.
(hereinafter “instant accident”). The Defendant requested repair of the instant vehicle on the Sungwon Machinery Co., Ltd., and thereafter, the Defendant transferred the instant vehicle from Sungwon Machinery Co., Ltd. and returned it to the Plaintiff on June 13, 2012.
The Defendant agreed to pay 2.5 million won for the repair cost of the instant vehicle to the Plaintiff, and first paid one million won among them.
At the first preparatory date for pleading of this case, the Plaintiff and the Defendant agreed to calculate their respective rents according to the response amount after inquiring about the rent corresponding to each of the equipment of the Plaintiff and the Defendant to the New Preliminary Co., Ltd.
The monthly rent according to the result of the fact-finding of New Paint Co., Ltd. is 4,50,000 won upper (standard 150P), excluding value-added tax, excluding value-added tax, 6,50,000 won lower (standard 200P) and lower (standard 1,500,000 won).
Expert C had been KRW 150,000,000,000 in the market price of the instant vehicle immediately before the instant accident, but the center distance was changed to 1,000 meters due to the instant accident, and accordingly, the upper vehicle was changed to 1,000 meters, so long as the body gate was not replaced to 1,000 meters, it cannot be destroyed without any trace, and it was difficult to separately lend the upper vehicle only when the upper vehicle was replaced, and as a name tag was lost, it became difficult to identify information such as manufacturing smoke.