1. The part of the judgment of the court of first instance against the plaintiff, which orders payment, shall be revoked.

The defendant.

Basic Facts

C is the owner of DNA A6 vehicle (hereinafter referred to as "victimd vehicle"), and the defendant is an insurance company which has entered into an automobile insurance contract with respect to a harming vehicle.

As a result of an accident involving the damaged vehicle (hereinafter “instant accident”), C borrowed from the Plaintiff during the repair period of the damaged vehicle (five days from August 3, 2019 to August 8, 2019, while EMW 520d vehicles (hereinafter “Plaintiffs”).

The Plaintiff acquired from C the claim for damages equivalent to the Plaintiff’s car rental fee against the Defendant.

[Ground of recognition] The defendant asserts that the plaintiff's transfer of the above damage claim from C constitutes a trust of lawsuit and thus null and void. The plaintiff's transfer of the above damage claim from C constitutes a trust of lawsuit.

However, there is no evidence to acknowledge the above assertion by the defendant (the main purpose of the acquisition of the above damage claim seems to have been to receive the rent from the plaintiff C), and the above argument by the defendant is without merit.

The summary of the party’s claim on the merits was the Plaintiff’s damage equivalent to KRW 1,487,00 due to the instant accident (i.e., F’s rent of the same kind of vehicle x 425,000 x 5 days x 70% ordinarily discounted rate) and thus, the Defendant is liable to pay the Plaintiff the said money and the damages for delay.

As a part of the "plan for rationalizing automobile insurance related to high-priced vehicles", the Defendant changed the rental fee under the insurance terms into the "ordinary fee required for borrowing the lowest fare among the rental vehicles of the same class".

In this context, “the same grade” refers to a vehicle with engine displacement and smoke similar thereto. As such, the rent of the instant vehicle due to the instant accident is 471,250 won (=145,000 won x 5 days x 65% of the normal discounted rate).

The relevant legal principles are illegal.