(영문) 대전지방법원 2015.10.16 2014나16133

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(영문) 대전지방법원 2015.10.16 2014나16133

약정금

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1. The judgment of the court of first instance, including the preliminary counterclaims added at the court of first instance, shall be modified as follows.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On August 23, 2013, the Defendant, a person operating an automobile industry company in the name of “C,” had the Plaintiff repaired a wide halog (D) vehicle owned by the Plaintiff (hereinafter “Plaintiff”).

The Defendant, while repairing the Plaintiff’s vehicle, caused a fire in the Plaintiff’s vehicle, and the Defendant, on October 11, 2013, agreed to pay KRW 10,000,000 (the Defendant deposited KRW 5,000,000 to the Plaintiff by October 12, 2013, and paid KRW 5,000,000 to the Plaintiff by October 31, 2013; hereinafter “instant agreed amount”) as compensation in relation to the part of the damage caused by a fire, and the Defendant agreed to provide KRW 5,00,000 to the Plaintiff free of charge at the time of the occurrence of a fire.

The Defendant provided the Plaintiff with a food 508(E) vehicle (hereinafter “instant vehicle”) that was in a state of being entrusted by the Defendant upon entering into a franchise agreement with the Ethrenk Co., Ltd. (hereinafter “E”) so that the Plaintiff could use the instant vehicle during the period of repairing the Plaintiff’s vehicle. The Plaintiff transferred the instant vehicle to the Plaintiff’s main agent and had the Plaintiff drive the instant vehicle. The damage requiring repair occurred on the instant vehicle, and the Plaintiff notified the Defendant of the said fact while returning the instant vehicle to the Defendant.

The following terms and conditions of the lease contract concerning the instant vehicle signed by the Plaintiff as a lessee are specified.

＊계약조건＊

1. The driver other than the driver described in this Agreement shall not drive.

2. The lessee is responsible for all traffic offenses which occur during the lease of a vehicle;

3. our vehicle is subscribed to a comprehensive insurance except for self-insurance (one million won for personal, large, 30 million won for hand, 15 million won for hand).

When an accident occurs due to a cause attributable to a lessee, the repair cost and the vehicle repair period.

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