1. Of the judgment of the first instance, the Plaintiff’s KRW 106,400 against the Defendant and its related amount from April 19, 2019 to November 20, 2020.

1. Basic facts

A. The Plaintiff is a user who has entered into a lease contract with D Co., Ltd. with respect to the amount of the Plaintiff’s vehicle in Category C Unit C (hereinafter “Plaintiff’s vehicle”) and the Defendant is an insurance company which entered into each automobile insurance contract with respect to the Plaintiff’s vehicle and E (hereinafter “Plaintiff’s vehicle”).

B. On December 14, 2018, the Plaintiff’s vehicle was destroyed by the traffic accident that occurred by the sea vehicle from the Schilldong at the window of Changwon-si, Changwon-si (hereinafter “instant accident”), thereby damaging the right wheels and the right side of the vehicle.

C. The Plaintiff’s vehicle was entered into the repair business on December 14, 2018 and was released on April 9, 2019 after the expiration of 117 days from that date.

The Plaintiff leased KRW 24,898,720 from the F Co., Ltd. for 117 days from December 14, 2018, which was released from April 9, 2019, by the Plaintiff’s vehicle stored in the repair business.

E. The Defendant is a F Co., Ltd. on April 29, 2019.

It paid KRW 7,000,000, which is a part of the loan fee of port.

[Reasons for Recognition] Facts without dispute, Gap evidence 2 through 7, Eul evidence 2, 4 and 5, and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts found above, inasmuch as the Plaintiff’s vehicle was damaged by the instant accident caused by the negligence of the Plaintiff’s vehicle, the Defendant, who is the insurer of the instant vehicle, is liable for damages caused by the said tort against the Plaintiff.

B. Where one victim is unable to use a motor vehicle for a certain period of time due to the damage caused by an accident, and the cost of borrowing and lending another motor vehicle of the same class and class for the same period of time is claimed against the perpetrator or insurer as compensation or insurance money, the borrowing and lending of the relevant motor vehicle should be necessary, and the amount of the lending and borrowing cost should be reasonable, and the reasonable scope of lending and lending cost shall be the damaged vehicle.