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(영문) 서울중앙지방법원 2018.10.02 2018나15603
대차료
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a company operating car rental business, etc., and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with the owners of each damaged vehicle listed in the separate sheet (hereinafter “subscribers”) (hereinafter “instant accident vehicle”).

B. On April 18, 2012, the Plaintiff entered into a contract with the Defendant for the use of the insurance lending (hereinafter “instant contract”) and provided the Defendant’s customers with the leased motor vehicle (hereinafter “Lenek”) for the period during which the Defendant’s vehicle was destroyed or damaged due to traffic accidents, and was paid the Defendant’s lending fee (hereinafter “Lene fee”). The main part of the instant contract is as follows.

The plaintiff of the contract for the use of insurance loans (hereinafter referred to as "A") and the defendant (hereinafter referred to as "B") shall enter into a contract for the use of insurance loans (hereinafter referred to as "this contract") as follows:

Article 1 [Purpose] In the event that the customer of “B” leases and uses the leased motor vehicle of “A”, the purpose of this Agreement is to maximize mutual rights and interests by continuously using the leased motor vehicle of “B” to the customer of “B” and to provide “B” with high-quality rental car services.

Article 2 (Language) The definitions of terms used in this Agreement shall be as follows:

1.The term "insurance borrowing and lending" means that a customer vehicle of "B" may be substituted by a leased vehicle for a period when the vehicle is destroyed or damaged by a traffic accident and cannot be operated;

2.(A) The term “B” refers to a sub-party B’s sub-party B’s sub-party B’s sub-party B’ and a sub-party B’s sub-party B’, the term “self-party B’ means the insured insured who is a member of the terms and conditions of self-motor vehicle insurance damage rental expense support, and the term “loan customer” means a sub-party B’s sub-party.

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