logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.12.04 2014나6461
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Facts of recognition;

A. On December 7, 2013, the Plaintiff leased CM5 vehicles (hereinafter “instant vehicle”) to Defendant A at KRW 60,000 per day (hereinafter “instant rental agreement”) and Defendant B jointly and severally guaranteed the Defendant A’s obligation under the instant rental agreement.

B. On the front of the instant lease contract, ① the agent, the agent, the agent, and the loss are subscribed to, and ② the lessee shall be liable for the vehicle repair cost and the rest compensation fee (100% rental fee) in the event of the vehicle accident due to the lessee’s negligence. In particular, the above part of the instant lease contract states, “The number of vehicles which are not the owner of the vehicle insurance, the number of vehicles which are not the owner of the vehicle, and the number of other policyholders are insurance.”

C. Defendant B, on December 7, 2013, driving the instant vehicle around 20:10, caused an accident following the vehicle stopped in the first line while driving the instant vehicle near the national highway No. 32 in the Hanju-si, Yyeong-si, Yyeong-si.

(hereinafter “instant accident”). D.

According to the instant accident, the Plaintiff spent KRW 300,00,00 for towing expenses from 7,903,91 won for vehicle repair expenses, 250,000 for towing expenses for the scene of the accident, and 300,000 for towing expenses for the vehicle maintenance business located in Gangseo-gu Seoul Metropolitan Government (the location near the Plaintiff’s domicile), and the vehicle repair period was required for 9 days (from December 12, 2013 to December 20, 2013).

E. The Plaintiff received KRW 2,411,200 from Hyundai Marine Fire Insurance Co., Ltd., an insurance company of the other party vehicle.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 3, 4, 6, Eul evidence 1, the purport of whole pleadings]

2. Determination

A. The Plaintiff’s assertion is jointly and severally liable for payment to the Plaintiff of KRW 7,242,791 (=vehicle repair cost of KRW 7,903,91 towing cost of KRW 250,000 towing cost of KRW 300,000 towing cost of KRW 300,000 for the vehicle repair period of KRW 20 days ( KRW 60,000 for one day lending cost of KRW 60,00) - 2,41,200 for the vehicle repair period of KRW 20 days).

arrow